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What Constitutes Valid Proof of Debt?

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NebrNative

Guest
What is the name of your state? Nebraska

I have a "law firm" a/k/a collection agency out of Maryland calling me about a credit card account I don't believe is mine. I have requested that they provide me with documentation regarding this debt. What would be considered valid proof of the debt? What is the SOL on this type of debt? I did have a credit card with the bank they say issued the card, but I closed the account and paid it off almost two years ago. I don't know if they have somehow confused this "delinquent" account with the one I actually had or if this is a case of "identity theft". The address they say they had for me is more than 4 years old. I haven't received the requested proof yet, but I'm curious to see what they come up with. Thanks in advance.
 


bigun

Senior Member
According to www.creditinfocenter.com the SOL for Ne. is 4 years.

There is an FTC staff {the Wollman Letter} that says they will need something with your signature. You can do a "google search" using debt validation as the subject and you'll find the Wollman letter as the 3rd or 4th listing.
 
N

NebrNative

Guest
Thanks so much, bigun. Are they also governed by the 30 day rule meaning they have 30 days from receipt of my request to provide the validation?
 

bigun

Senior Member
Far from an expert on this but, the 30 days you refer is supposedly the time period you have from first getting a collection letter to request validation. Actully though there are FTC opninions that you can request validation at anytime. Did you send the validation request CRRR? If not, I'll bet they "never got it". In any event, you got some rights now. Upon receipt of validation, the CA must mark that account in dispute with the CRA's. Pull your reports and see if they show in dispute. If not, that is a violation of the FDCPA. The best site to get and in the trenches opinion is at www.creditnet.com. They seem to begin sending a series of demand letters once 30 days have passed and no validation received followed, by an intent to sue letter. A lot of ca's back down at that point.
What is the current status? How long has it been since you sent the request for validation? Has there been anymore collection activity?
 
N

NebrNative

Guest
Thanks again, bigun. The 30 days I was referring to was the 30 day time period to validate the debt when you dispute with the CRAs. Does that hold true as well if you dispute directly with the CA? I only sent the request for validation last week, I did send it CRRR (haven't gotten the card back yet), and there have been no phone calls (that I am aware of) since last Friday.
 

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