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Is a copy of one credit card statement enough to validate my debt and justify a summons against me in Ohio?
Anonymous3 views3 answers
I asked a debt collector to validate the debt, and he just sent a copy of one credit card statement. Is this enough to validate my debt and justify a summons and complaint against me in Ohio?
Does a debt collector have to validate my alleged debt with a document that contains my original signature before the collector can file a lawsuit against me?
When I ignored the debt collector's copy of the credit card statement, just today, I received a summons and complaint. Is that copy enough to file a lawsuit against me? Doesn't he have to validate my debt with my original signature and the assignment agreement with the original creditor?
Mr. Arguss's recitations of the validation notice is excellent. In my view, subject to the validation requirements under the Fair Debt Collection Practices Act (FDCPA), the validation you describe arguably does not pass muster. Every case is unique, and as Mr. Arguss sets forth in his response, your validation request is time-sensitive, and subject to certain conditions. Please visit http://www.ohioconsumerhelp.com/sub/validation-... for more information about the validation notice. And this link will provide information about what we suggest a validation letter from a consumer include: http://www.ohioconsumerhelp.com/sub/verificatio...
I also agree with Mr. Yousef that you should be very careful if a lawsuit is filed against you; you must respond in a timely manner. And at that stage (which it does not sound like this is where you are just yet) it is the burden of the debt collector to prove you owe what they say you owe, and that they have standing to assert the claim. This burden is arguably higher than that of the validation rights under Section g of the FDCPA.
Either way, I encourage consumers who are being dunned by a collector to contact a seasoned consumer advocate sooner than later. Because certain rights are short lived, time is of the essence. Most consumer protection attorneys will undergo a consultation with you at little or no cost.
All the best to you.
In your case, and for all consumers faced with a notice of debt letter, it is important to carefully read the 1692g Notice Letter and exercise your right to validation and right to dispute the debt. That way, consumers will be educated before determining how to attempt to resolve the debt at issue.
One important section of the FDCPA is section 1692g, which deals with validating debts. Section 1692g states, “[w]ithin five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall…send the consumer a written notice containing” the following information: (1) the amount of the debt, (2) the name of the creditor to whom the debt is owed, (3) a statement that the consumer has 30 days to dispute the debt, otherwise the debt will be assumed to be valid, (4) a statement about what the collector will produce if the consumer disputes the debt within 30 days, and (5) a statement that the debt collector will provide the consumer with the name and address of the original creditor, if it is different than the current creditor. In other words, the 1692g Notice Letter contains important information about the debt and about the consumer’s rights. Therefore, consumers should read this letter carefully.
If a consumer receives a 1692g Notice Letter from a debt collector, the consumer has 30 days to dispute the debt and to obtain additional information the debt from the collector. Therefore, consumers should always respond to 1692g Notice Letters in order to obtain complete and accurate information about the underlying debt. Furthermore, it is crucial to dispute the debt within the 30-day window, too, if the consumer does not owe the debt. Once a consumer requests validation of the debt or disputes the debt, the debtor collector must stop all collection activities until the debtor collector provides verification of the debt to the consumer. Therefore, the consumer will have some momentary relief from the telephone calls and the letters while the collector gathers and provides verification of the debt. More importantly, however, the debt collector will be forced to validate the debt before continuing with collection efforts.
Yousef Mazen FaroniyaGeneral Practice LawyerColumbus, OH ·
The standard for debt validation in Columbus, OH is a low one, essentially a creditor just has to verify the amount and verify the creditor.
Now what is important is responding to the complaint, and time is of the essence. If you do not respond you will be subject to a judgment which can be used to file a garnishment of wages, garnishment of bank accounts, seize business assets, and place a property lien, among other things.
It is in your best interest to respond to your summons and complaint right away and consult a debt collection attorney to help you with the legal aspects concerning debt collection.
