Legal Question in Credit and Debt Law in New York
debt validation nothing more than the creditors word?
Hello, I appreciate your help. I received a letter from portfolio recovery associates claiming I owe $3600 for a capital one card. I dont know what its about. I sent two debt validation request letters. Today I received a letter from them stating the previous letter, with some notarys signature on it was validation, and this statement:
''verification of the debt involves nothing more than the debt collector confirming in writing that the amount beng demanded is what the creditor is claiming is owed''. That means all they have to do is send me a letter, and it means I owe the money? It doesnt feel right. What do I do now? I appreciate your help very much.
2 Answers from Attorneys
Re: debt validation nothing more than the creditors word?
You can demand from your debtors statement from the credit card account showing purchases and payments, so that you can see whether it is your debt or not. Or hire an attorney to defend you in the law suit against you.
Re: debt validation nothing more than the creditors word?
I'm not sure why you asked for verification two times. If they didn't respond to the first one, you would have had a great case to get the whole thing thrown out. You still may have a good case for dismissal. They did not respond properly. Do not respond to them any further. Do not ask them for further clarification. It could be a scam, or it could be a case of mistaken identity, or it could be an invalid debt. You now need to send them a simple certified letter which states "I do not owe this debt" and which demands that they stop contacting you. If they proceed further, you may be able to get the case dismissed and receive damages if they continue to bother you. Do not be scared or intimidated.
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