Legal Question in Credit and Debt Law in Virginia
Debt Collector
I have been contacted by ARS regarding a debit of two credit cards they say i owe that is about 9 years old I can't remember having them. I ask them to send me validation they said that they did not have to send me anything should they have to send somthing proving that I owe and that they owned it now. I never received anything until 2006 (debit was in 97-98) I ask Asset for validation and never heard anything else until September 2007 what should I do
2 Answers from Attorneys
Re: Debt Collector
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Hate to say this but "it depends." First question, is it on your credit reports? If it is, have you asked for a reinvestigation from the credit reporting agency (Transunion, Equifax, Experian)? There are numerous more questions which must be considered before you have a complete answer. My best advice --consult with a consumer lawyer familiar with these issues. BTW -- the law requires that they validate the debt.
Re: Debt Collector
Send written demand notice that they must provide documentary proof of the debt within 30 days, and that even if they do you'll have to first consult with an attorney before remitting any payment to first determine whether an applicable statute of limitations may have now made the debt unenforceable.