No response to validation request, debt referred to attorney instead

[tonyclifton]

What is the name of your state? Virginia, however the debt was incurred in Michigan.

My girlfriend recently received a letter from a debt collection agency asking for payment of a debt. She sent a polite letter via certified mail disputing the validity of the debt, requested the name and address of the original debtor, etc.

The next letter she received, just a few days ago, was from a lawyer. The letter states the debt was "referred" to the attorney's office for collection. This letter was not a response to the validation of debt request. It reads almost exactly like the first letter from the debt collection agency.

Is this a violation of the FDCPA or is it permissible for the debt collection agency to pass the debt collection activities on to a lawyer or other agency without responding to the validation of debt request?

 

[BL]

What is the name of your state? Virginia, however the debt was incurred in Michigan.

My girlfriend recently received a letter from a debt collection agency asking for payment of a debt. She sent a polite letter via certified mail disputing the validity of the debt, requested the name and address of the original debtor, etc.

The next letter she received, just a few days ago, was from a lawyer. The letter states the debt was "referred" to the attorney's office for collection. This letter was not a response to the validation of debt request. It reads almost exactly like the first letter from the debt collection agency.

Is this a violation of the FDCPA or is it permissible for the debt collection agency to pass the debt collection activities on to a lawyer or other agency without responding to the validation of debt request?

First , the time to dispute the debt was when it was with the original creditor .

I don't know what you mean it was sent to a lawyer from the collection agency .

Lawyers can be the collection agency .

Send the same letter of dispute and ask for validation .

Appearantly you already know who the creditor is .

 

[JETX]

Use the validation request letter located at http://www.creditinfocenter.com/forms/sampleletter9.shtml

 

[TiredOfAbuse]

What is the name of your state? Virginia, however the debt was incurred in Michigan.

My girlfriend recently received a letter from a debt collection agency asking for payment of a debt. She sent a polite letter via certified mail disputing the validity of the debt, requested the name and address of the original debtor, etc.

The next letter she received, just a few days ago, was from a lawyer. The letter states the debt was "referred" to the attorney's office for collection. This letter was not a response to the validation of debt request. It reads almost exactly like the first letter from the debt collection agency.

Is this a violation of the FDCPA or is it permissible for the debt collection agency to pass the debt collection activities on to a lawyer or other agency without responding to the validation of debt request?

In my reading and research I believe they have violated the FDCPA. There is enough case law out there to show that once a request for validation has been sent, a lawsuit is considered a collections act.

In your shoes I would document everything including phone calls. If you are in a 2-party state, you must state you are recording the conversation if you do choose to record. Yes they can sue you and you will have to defend yourself. Only through the courts you can file a counter claim, discovery and finally your own lawsuit.

If you are able to, see if you can get advice from a consumer protection attorney. You can find one at www.naca.net. If you can't - hit the net and find as much information as you can in regards to the laws of your state, federal laws, and your rights!! Debt collectors and collections lawyers count on you not knowing your rights.

TiredOfAbuse

Afterthought: Send this attorney a request for validation also. If the attorney or law office attempts to collects debts from more then a hand full of consumers during their normal course of business then they can considered collections agents. There is case law that supports this, so if needed please get help beyond these advice forums if they sue you!