• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Cease&Desist vs Demand for Validation (was First Letter sent to prev address...etc)

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

chryder

Junior Member
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
 


justalayman

Senior Member
Why bother. If you are sure it is time barred and you have no intention of paying it even if it is a valid debt, simple send them a letter telling them that you understand it is time barred and if they want to contact you further then they should sue you.

A SOL defense is an affirmative defense to a collection. It must be presented as a defense to a lawsuit. If the collection agency is made aware the debt is time barred, they will do one of two things; drop it or sue you. If they sue you, then you have your defense.

BTW; this obviously should have already dropped from your credit report but for future situations. Just because it is time barred by a SOL does not mean it must be removed from your credit report until the statuatory time required by law has passed.

Now if you actually want to take care of your debts, ask for validation.
 

TigerD

Senior Member
chryder said:
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.
No such entity


chryder said:
Being so old, it is also likely that the debt collection agency has no documentation that would validate the debt.
Not necessarily.

chryder said:
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?
They don't have to provide you with anything.

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:

chryder said:
# What the money you say I owe is for;
This will be provided if they choose to answer.

chryder said:
# Explain and show me how you calculated what you say I owe;
Not going to happen short of discovery

chryder said:
# Provide me with copies of any papers that show I agreed to pay what you say I owe;
Not going to happen short of discovery.

chryder said:
# Provide a verification or copy of any judgment if applicable;
Not going to happen -- if they have a judgement already, they would have simply hit your checking account.

chryder said:
# Identify the original creditor;
This will be in the answer, if they choose to respond

chryder said:
# Prove the Statute of Limitations has not expired on this account
Not required and never going to happen

chryder said:
# Show me that you are licensed to collect in my state
Not required and never going to happen

chryder said:
# Provide me with your license numbers and Registered Agent
Not required and never going to happen


chryder said:
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.***
Not required and never going to happen

chryder said:
In an earlier post, I seized upon the phrase, "cease and desist" to characterize this letter, albeit perhaps incorrectly. (Or perhaps not?)
Very incorrectly.

chryder said:
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?
They will not give you any such proof if any existed.

chryder said:
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.
No. There are procedures you will have to follow also, there is no such entity as time barred. What you have is an affirmative defense. They are different animals and doing it wrong will cost you.

chryder said:
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.
The bottom feeder is a person that doesn't pay their bills.

DC
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top