Question about Debt Validation?

Question

I am being sued by a collection agency here in CA. I plan to file an answer with the courts in 3 weeks, but for right now can I send them a request for validation the debt? Is this permissable? Also, who do I request a validation from? The actual collection agency or the lawyer that is representing them?

Also, if there is a lawyer out there that can give me some legal advice on how to proceed with this collection lawsuit I would greatly appreciate it. I don't think that I can afford a good attorney right now and am planning to represent myself. I just want to make sure that I do everything right.

Thank you for any help.

Answer 1

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Answer 2

Well, once you have been served with a complaint you are beyond the time frame for requesting debt validation. Your options at this point are:

1. Answer the complaint

2. Default

3. Press for settlement

I am not giving you legal advice, but I can tell you that the worst thing you can do is default and get a judgment entered against you.

What you need to do is seriously consider either paying them or preparing yourself to draft a competent answer to their complaint.

I have listed three sources. The first is a good overview of a lawsuit that is designed to be understood by beginners. The second is a community that might be able to help you draft a competent answer (but you have to register first). The third is my own site that will give you help in understanding how to negotiate settlement if you choose to do that.

If you want to fight it out with them and do not feel like you are capable of drafting a competent answer, please consult an attorney.

Answer 3

Hmmm this is kind of late in the game for trying to validate. You should have done that the moment you were contacted by collections.....anyway.

You need to contact the actual collection agency, bear in mind that since they have already requested a judgment against you (sue) they may not be in a position to settle anything further with you.

Unless you have some mega debts, I wouldn't bother with an attorney but you said you can afford one (or maybe you meant to say "can't"). Now that your in this position, keep your accounts paid and current you're gonna end up paying higher interest now that your credit score has taken a beating.

Good luck.

Answer 4

You can send the debt validation request to the attorney.

Send them a letter via Certified Mail + Return Receipt stating:

Per the Fair Debt Collection Practices Act, I am requesting:

written validation of this alleged debt and that said alleged debt is within the statute of limitations

You absolutely need to file a response to the court AND show up on the date of the court appointment. If you don't, the other side will get a default judgement against you and you don't want this to happen.

Try to get the most affordable attorney you can find. If you can't afford one, contact free legal aide in your area for possible assistance (note: they are usually stingy about providing help)