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  1. #11
    Join Date
    Feb 2008
    Posts
    109

    Default Re: What If I Respond?

    For anyone to respond to your question and to give solid advice you will need to stop being cryptic and tell us what the document is. Does the document have a title? Can you tell us a little more about what they are asking for and why only 10 days to respond---that is my biggest question. Either you have the shadiest collection agency contacting you or you're not disclosing some info.

    It almost sounds like a document that wants your financial information/situation b/c you have judgement. You say it's not therefore the scenario doesn't make too much sense.

  2. #12
    Join Date
    Apr 2008
    Location
    Las Vegas, NV
    Posts
    9

    Default Re: What If I Respond?

    Quote Quoting Exhausted
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    For anyone to respond to your question and to give solid advice you will need to stop being cryptic and tell us what the document is. Does the document have a title? Can you tell us a little more about what they are asking for and why only 10 days to respond...

    The name of the document is Employment/Earnings Information Request.

    The amount owed has been in dispute for a while, but this is the first time something like this has been received, so I don't know why 10 days is the deadline.

    In fact, other than withholding notices, there has been no other documents sent. That is part of the issue and the root of my question! If I respond to this, am I agreeing that this debt is owed? if I don't respond to it am I admitting that a debt is owed?


  3. #13
    Join Date
    Feb 2008
    Posts
    109

    Default Re: What If I Respond?

    Quote Quoting foxxxy
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    The name of the document is Employment/Earnings Information Request.

    The amount owed has been in dispute for a while, but this is the first time something like this has been received, so I don't know why 10 days is the deadline.

    In fact, other than withholding notices, there has been no other documents sent. That is part of the issue and the root of my question! If I respond to this, am I agreeing that this debt is owed? if I don't respond to it am I admitting that a debt is owed?


    I have never heard of this being issued unless a judgement has been filed in conclusion of a lawsuit.

    Since there never was a lawsuit in your case, I would not answer it--what is it their business what you make? I completely understand your delima. Of course, I have to post the disclaimer that I am not an attorney.

    Did they send that via regular USPS mail? Sooo weird.

  4. #14
    Join Date
    Apr 2008
    Location
    Las Vegas, NV
    Posts
    9

    Default Re: What If I Respond?

    Quote Quoting Exhausted
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    Since there never was a lawsuit in your case, I would not answer it--what is it their business what you make? I completely understand your delima. Of course, I have to post the disclaimer that I am not an attorney.

    Did they send that via regular USPS mail? Sooo weird.
    It was sent regular mail.

    To be honest I do not know if there has been a judgement. If there has, they will not co-operate with requests for any documentation regarding it!

    I did respond to it but wrote on the form that my response is not an agreement to any debt and included another letter requesting any documents proving the debt is owed..

    Thank you for your help.

  5. #15
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: What If I Respond?

    well, as the others have stated, you need to be sure this is not an official request allowed post judgment.

    If this has not been to court lately, the FDCPA addresses lack of refuting a debt:

    § 809. Validation of debts [15 USC 1692g]
    (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
    (1) the amount of the debt;
    (2) the name of the creditor to whom the debt is owed;
    (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
    (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
    (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
    (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
    (c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.


    so, you need to figure out where in the process of debt collecting this is asn act accordingly.

  6. #16
    Join Date
    Feb 2008
    Posts
    109

    Default Re: What If I Respond?

    I think the first thing you need to find out is if there was a judgement--have you checked your credit report lately? You can do it for free once a year at www.experian.com

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