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  1. #1
    Join Date
    Mar 2012

    Sent Debt Validation letter, now what?

    What is the name of your state (only U.S. law)? California.
    Received a phone call about an old debt. It's at least 9, possibly 10 years old. The statute of limitations in CA is 4 years. -- I told them that I didn't own the debt and that they needed to validate it. I also requested that all correspondence be in writing from then on. I got a letter a few days later. Just an amount and the original creditor. I then sent a certified letter asking for full validation. Just got back a letter with the same info, except that now the amount was much higher. The company is Asset Acceptance. A few years back their "attorney" Mitchell N. Kay sent me a letter about the same debt. I sent a certified letter requesting validation but never heard back from either AA or the attorney until this year when I sent the letter I mentioned. What is my next step? I know for a fact that there has been no activity on this debt and I'm not able to pay. Furthermore, it is past the state (and probably the Federal since I think it may be 10 years old.) statute of limitations. --- So, what is the next step?

  2. #2
    Join Date
    Dec 2009
    A statement from the original creditor is sufficient validation. They do not have to send you mountains of paperwork to prove to your satisfaction that you owe the debt. They have met their obligation. Now they can continue collection attempts including suing you. If you write to them "I will not pay" then they have to stop contacting you and their only recourse will be to sue.

    I believe you are under the mistaken impression that their unwillingness to send you complete proof of the debt (to your satisfaction) gets you off the hook. You may be able to raise SOL as a defense if you are sued. Did you move out of State at any time?

  3. #3
    Join Date
    Mar 2012

    I didn't move out of state.

    I didn't move out of state nor did I say or suggest that I needed mountains of paperwork. All they sent me is who they say the original creditor is and an amount, which is greater than the amount they sent in the last letter. They didn't get the debt from the original creditor and the original creditor is no longer in business. I will have to research but it may be past the statute of limitations to even post it on my credit report. As far as I know, the debt has been satisfied anyway, but I don't have the records to prove that so I just want to deal with them in this manner. I basically wanted to know what to do next. I will reply to their letter. I sent them a letter in the past requesting validation of debt and they didn't reply. That was in 2008. Then they just tried this again starting this year. I believe that's because the debt is at the point where they can no longer post it on my credit report so they want to try and pressure me before they lose all their leverage. Should I mention that the statute of limitations is past? At this point I haven't acknowledged that I ever even had such an account and don't want to say too much.

  4. #4
    Join Date
    May 2001
    Were I you, I'd send AA a letter with a copy to the FTC asking why they are in violation of a consent decree.

    [url=http://www.ftc.gov/opa/2012/01/asset.shtm]Under FTC Settlement, Debt Buyer Agrees to Pay $2.5 Million for Alleged Consumer Deception[/url]

    In addition, the company, Asset Acceptance, LLC, has agreed to tell consumers whose debt may be too old to be legally enforceable that it will not sue to collect on that debt.

    The proposed settlement order resolving the agency's charges also requires that when consumers dispute the accuracy of a debt, Asset Acceptance must investigate the dispute, ensuring that it has a reasonable basis for its claims the consumer owes the debt, before continuing its collection efforts.

  5. #5
    Join Date
    Jan 2005
    You asked for validation and you received validation.

    I can't speak to the issue regarding the statute of limitations, as you have not explained the nature of the debt.

    You are correct in that it should not be on your credit report. Is it?

  6. #6
    Join Date
    Mar 2012
    The title of my post included the question "now what?" Thanks Bigun, you've at least touched upon an answer to that. No one else seems to have noticed that part of my post. I had read that the CA's have to notify people if a debt is past the statute of limitations. In the original letter that I sent I even asked for proof of that, in addition to a validation. SOL in California is 4 years. Of course I will reply but I was hoping that someone actually had some experience with this type of situation. I appreciate the comments but I'm looking for some solid advice. Like the tag lines of this site say: "Outstanding Advice". I asked them for validation years ago and never got a response. Now they replied rather quickly. Does their lack of response to the first letter have any bearing on the current situation?

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