Cease&Desist vs Demand for Validation (was First Letter sent to prev address...etc)
What is the name of your state? AZ
An alleged debt has a last date of action some 13 years old.
It is time-barred in my state.
Being so old, it is also likely that the debt collection agency has no documentation that would validate the debt.
Does it make sense to demand validation of the debt ...and demand proof from the collection agency that the debt is not outside the SOL, i.e. time-barred -- in the same letter?
This is what the form letter that I plan to use -- and to which I was referred by this forum -- states (in part):
***This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
# What the money you say I owe is for;
# Explain and show me how you calculated what you say I owe;
# Provide me with copies of any papers that show I agreed to pay what you say I owe;
# Provide a verification or copy of any judgment if applicable;
# Identify the original creditor;
# Prove the Statute of Limitations has not expired on this account
# Show me that you are licensed to collect in my state
# Provide me with your license numbers and Registered Agent
...
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.***
In an earlier post, I seized upon the phrase, "cease and desist" to characterize this letter, albeit perhaps incorrectly. (Or perhaps not?)
However, given the age of the alleged debt -- and the likeliehood there is no documenting evidence -- is it or is it not reasonable to ask in the same letter both for validation and also for proof that the alleged debt is not time-barred?
Is it not true that if the debt collection agency files suit, that I can simply appear in court and present evidence that the last date of action renders the debt time-barred and the judge will dismiss the suit.
Yes, I know, that the SOL defense only bars a bottom feeder from getting a court judgment -- that the underlying debt -- *if valid* -- would still remain. That begs another question, but a question more appropriate for another thread, I think.
Thanks.
chryder
What is the name of your state? AZ
An alleged debt has a last date of action some 13 years old.
It is time-barred in my state.
Being so old, it is also likely that the debt collection agency has no documentation that would validate the debt.
Does it make sense to demand validation of the debt ...and demand proof from the collection agency that the debt is not outside the SOL, i.e. time-barred -- in the same letter?
This is what the form letter that I plan to use -- and to which I was referred by this forum -- states (in part):
***This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
# What the money you say I owe is for;
# Explain and show me how you calculated what you say I owe;
# Provide me with copies of any papers that show I agreed to pay what you say I owe;
# Provide a verification or copy of any judgment if applicable;
# Identify the original creditor;
# Prove the Statute of Limitations has not expired on this account
# Show me that you are licensed to collect in my state
# Provide me with your license numbers and Registered Agent
...
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.***
In an earlier post, I seized upon the phrase, "cease and desist" to characterize this letter, albeit perhaps incorrectly. (Or perhaps not?)
However, given the age of the alleged debt -- and the likeliehood there is no documenting evidence -- is it or is it not reasonable to ask in the same letter both for validation and also for proof that the alleged debt is not time-barred?
Is it not true that if the debt collection agency files suit, that I can simply appear in court and present evidence that the last date of action renders the debt time-barred and the judge will dismiss the suit.
Yes, I know, that the SOL defense only bars a bottom feeder from getting a court judgment -- that the underlying debt -- *if valid* -- would still remain. That begs another question, but a question more appropriate for another thread, I think.
Thanks.
chryder