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Re: Question on Collections-Lawyers
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Posted by computerguy
(204.180.131.3) on May 17, 2004 at 12:27:50:
In Reply to: Re: Question on Collections-Lawyers posted by Problems in Kansas on May 17, 2004 at 12:11:52:
If they sent you the standard Dunning Letter with the mini miranda then just send them a Validation request and limited Cease and Desist. They fall under the FDCPA as a 3rd Party Debt Collector. I would suggest wording the Validation request very strongly because it seems the Lawyer types like to just send a copy of one statement or a copy of the Agreement without a signature, they consider this to be validation that you owe something. This doesn't comprise validation or even verification as spelled out in the Law Dictionaries. You might want to try my Validation and Proof of Claim document that was posted 3 or 4 days ago and is in the latest archive files. I will point out that I have never used it myself, but would not hesitate to do so if I received a Dunning Letter from a Lawyer or a Collection Agency. It basically gets to the a Discovery type mode before anything ever reaches any court process. Here's some definitions: verify ... 1 : to confirm or substantiate in law by oath 2 : to establish the truth, accuracy, or reality of ...
Merriam-Webster's Collegiate Dictionary, Tenth Ed. (2001), p. 1308.
verify. vb. 1. To prove to be true; to confirm or establish the truth or truthfulness of; to authenticate. 2. To confirm or substantiate by oath or affidavit; to swear to the truth of.
Black's Law Dictionary, Seventh Ed. (1999), p. 1556.
oath. 1. A solemn declaration, accompanied by a swearing to God or revered person or thing, that one's statement is true or that one will be bound to a promise. ... The person making the oath implicitly invites punishment if the statement is untrue or the promise is broken. The legal effect of an oath is to subject the person to penalties for perjury if the statement is false....
Black's Law Dictionary, Seventh Ed. (1999), p. 1099.
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