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Requesting Debt Validation Again

Imagine that someone received a debt collection notice from a junk debt buyer so he sent off his debt validation letter and never heard back from them again.

About four months down the line he gets another collection notice for the same debt, but this time it is from a different junk debt buyer.

The person thinks that because he sent off a debt validation letter to the first company and they failed to answer him that they are now breaking the law. This has nothing to do with the first company. The first company is out of it. It has been sold to another company and you now have to deal with them.

You must first take note and hope that you kept that first collection letter from the first junk debt buyer because a lawsuit may be around the corner.

The first junk debt buyer received his debt validation notice but couldn’t validate the debt and sold the debt over to another junk debt buyer.

Why do you think we call them junk debt buyers? Because they keep buying old debt until someone caves in and pays them.

Anyway, seeing that they could not validate the debt they sold it to another company. Now the new junk debt buyer sent the collection notice complete with a few credit card statements, the original creditors name and the amount owing. From what I’ve heard and read about debt validation and the Fair Debt Collection Practices Act guidelines, this is good enough to prove the debt.

Take for instance: The case of Chaudhry v. Gallerizzo, the Fourth Circuit Court of Appeals adopted a relatively low standard:

“Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt”.

If you decide you would want to request validation again, I would be asking for proof of assignment but then again, I have common sense and know that the first junk debt buyer who sold this didn’t have anything on me and now this second one might. So I wouldn’t request validation. But that’s just me.

Is he being set up? In my opinion YES

Why I believe he is:

  • When junk debt buyers send off collection notices, you usually only get the bill with the amount owing and hopefully the mini-Miranda.

  • This junk debt buyer has sent him everything needed to validate within the collection letter so they are ready to roll.

  • The junk debt buyer is waiting for him to dispute the debt and request proper validation so that they know that they’ve got the right address and the right person.

  • Once this guy sends off this debt validation letter they’re going to get a lawyer out in whatever state and begin proceedings to sue him.

  • They may or may not send him copies of what they sent him in the first letter which was proof enough of the debt.

  • Upon receiving his debt validation letter, they will almost certainly have him served because he just gave away the fact that he was indeed who they were coming after.

Do you understand what I am saying?

Not much is needed for debt validation but when it comes down to a court of law and your local court rules, everything changes; this could benefit you. Now if I were the above consumer I wouldn’t respond to this junk debt buyer by asking for validation because you are asking them to validate something that has already been validated.

Do you want to be stubborn and use your debt validation rights? Ask for a copy of the assignment proving they own the debt.

They may well respond with a copy of that assignment but remember the first junk debt buyer. He was the one that had the debt first and sold it to this new guy.

Well, if you were smart and kept the previous documents from the first junk debt buyer, you should be more prepared for what is coming up.

Let’s say you miraculously received a copy of assignment and it didn’t show the first junk debt buyer’s company’s name on it. You are off to a good start because in a court of law that assignment wouldn’t be valid and you’d have proof someone owned it before them. That is a whole other subject I don’t want to get into right now.

My point here is this:

  • The first junk debt buyer couldn’t validate and sold the debt.
  • The second junk debt buyer sends a collection notice complete with proof.
  • The second junk debt buyer has nothing to do with the first junk debt buyer so even though you requested validation from the first junk debt buyer, you are now starting over with the second one. It is totally your call if you want to risk your identity by sending the second junk debt buyer a debt validation notice.
  • As the second junk debt buyer has proof, what exactly are you requesting they now validate? So, if you must send a debt validation letter, the only thing you’ve got left is to ask for a copy of assignment.

My guess is that you should expect a Sheriff at your door within the next two months.

You are adding fuel to the fire so to speak. They want you to request validation so that they confirm your name and address for your summons.