Why You Should Demand Validation From Debt Collectors

The majority of questions and requests for assistance are about debt collectors and 3rd party collections. These companies want your money but they did nothing to earn it or deserve it.  They are not owed anything and you really need to fight back to avoid paying them what they are not owed and to increase your chances of not being sued by them.

Many credit repair companies and many consumers as well dispute these items directly with the credit bureaus to get them removed. Sometimes you can have pretty good results for your credit reports by just disputing with the credit reporting agencies (CRA's) but most of the time, and especially if you are using an online tool to dispute, your results are not going to be great and sometimes not permanent.

But here is what I view as the problem with just disputing with CRA's. You're only disputing the accuracy for the most part.  Many people tell me they just dispute them as "No Contract" and most of the time I hear that the results come back as verified.  Even if the item is removed, it only means that the company just didn't respond in time or preferred to just let it be removed from the credit reports. Because you really don't demand validation through the CRA's, you haven't blocked their collection efforts.

Just because something isn't furnished to your credit reports doesn't mean they can't attempt to collect from you.  In order to block their collection efforts, the FDCPA says you must demand validation in writing. Once you have demanded validation, they must cease all collection activity until they validate. A demand for validation is the tool or weapon you need to use to get them to back off.

Now, many times these thugs make claims that they have checked their records, or that they have verified or that they have fulfilled validation requirements and they just continue on with their collection activity.  However, a well constructed validation demand letter will protect you in court if it lands there. When I say well constructed, I'm not talking about the nonsense you find online.

Eeesh!  I hate those ones where people say "This is not a refusal to pay..." and then goes on with a bunch of regurgitated stuff that makes up a validation form letter.  Do you think I would ever tell a company that isn't owed a dime and I know it that I'm not refusing to pay?  Oh, heck no!  My letter tells them I REFUSE TO PAY YOUR BS ACCUSATION unless you can prove me wrong!  Then I tell them the documents they need to produce to prove me wrong.

If you don't tell them what they need to produce, they can just skirt by and make whatever claims they want. Many times they will come back with a lame response such as "...there is no basis in law to send you the documents you're requesting...", I'm paraphrasing.  Well, I don't see that often, though I do occasionally.  But what I put in my validation demand letters is a legal citation for each item I'm requesting from them. So when I respond to that nonsense, I call them out and point them to review each case law cited, each federal act cited, each law, state or federal cited, and so on.

A competent and forceful validation letter is critical, folks.  This is power if they sue you or you decide to sue them. I've stated in other posts that validation is the Proof they need to come forward with and verification is the Sworn Testimony that MUST accompany it. They must have both. Without 1 or the other or any of what is demanded, they have hearsay but they don't have validation. Hearsay is inadmissible in a court of law and the courts have said it is incompetent.

So, you either need to learn what to demand and the laws, case law, or whatever appropriate legal ammunition that relates to each item requested to back up your demand, or hire someone who knows how to craft an effective validation letter.  If you don't demand validation, they can continue coming after you. They can continue to furnish on your credit reports. They can initiate a lawsuit against you. 

Demanding validation properly and always responding to their claims and rejecting their false claims is key. One more important thing about validation.  A demand for validation is rarely done with 1 letter. What I mean by that is, it is rare to send one letter and then they respond with a  letter telling you they're closing their file and removing the lie from your reports. These collection companies are getting very bold in their lawlessness, very stubborn, and they require a fight.

You must always respond. If they claim they've already addressed it and further similar communication will be trashed (well not exactly but that's what they sort of mean), you still need to respond.  YOU must be the last one to respond to anything other than "We're closing the file and removing our BS from your credit reports."  

You have a right to demand full validation. Know your rights. Exercise your rights. Fight back and don't back down. Basic bureau disputes don't completely protect you. You need to dispute with the CRA's but you Need to Demand Validation.  If you want someone who knows this game, knows the laws to use to back up the demands, will fight for you, contact me.  It's what I'm good at.  It's what I'm passionate about. I want to see you win this fight! 

You can reach me at futurefico@gmail.com or 951-801-2828

I'd love to fight for and with you. 

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Judgments Don't Belong On Your Credit Reports

I am of the firm belief that most derogatory items that are on your credit reports don't belong on there.  You see, if you dispute an item, the credit reporting agencies are required to verify the item.  I wrote in a post quite a while back that verification is only hearsay unless it is accompanied by validation or proof of claim, which would be the documentation.  I'm not just pulling this stuff out of my ear. No, there is case law to back up what I'm saying.

Also, verification according to Black's Law Dictionary is Sworn Testimony.  This testimony can be in a deposition, on the witness stand, or an affidavit, sworn under penalty of perjury and under oath, and notarized. Who can testify?  Only someone with first hand knowledge. Only someone who has the documentation to support the testimony and the testimony that supports the documentation.  This is how it works. One without the other is hearsay and according to the courts, it's incompetent and inadmissible.

Now back to credit bureaus claiming something is verified. Have you disputed something and they said it was verified?  Did they provide any documentation?  Did they send you the sworn affidavit testifying to the accuracy?  Hmmm, I'm guessing for everyone that has disputed with the bureaus the answers are Yes, No, and No again!

Have you disputed a judgment and you know it's not accurate?  The amounts are not always accurate. The dates they report are not accurate, usually.  But bigger than those things, is the fact that they come back claiming "Verified" when there are only 3 entities that can verify according to Black's Law Dictionary and case law directly from quite a number of courts. You can verify it - and surprisingly many people actually unintentionally do that when they dispute a judgment. The plaintiff can verify it. And the court/judge has the capability to verify it but that is against the law for them to communicate with the bureaus regarding a specific consumer/case.  In fact, Equifax got slammed a little over a year ago in Chakejian v. Equifax and the court said they cannot claim the court or any government agency furnished information or verified information pertaining to a public record.

The bureaus don't get their information from the courts and plaintiff's don't furnish public record information nor do they verify it with the bureaus. What credit bureaus do is hire a 3rd party "vendor" to check the courts' public records and they furnish it and they claim to verify it. Wait a minute!  Do you see the words "3rd party?" Now remember what the courts and Black's Law Dictionary said about verification?  A 3rd party can't legally claim to verify anything because they lack 1st hand knowledge. They're not even qualified to be furnishing the information!

So, now you know why I'm saying that judgments don't belong on your credit reports.  If you have a default judgment, that is considered a "Void Judgment" because  the court lacked jurisdiction.  If you were sued by a 3rd party collector, they lacked and will always lack Personal Jurisdiction over you. No jurisdiction, no valid judgment! 

Of course, if you fought the lawsuit and didn't fight it properly, they will have a judgment against you because you didn't challenge jurisdiction properly and you didn't word things properly in your response and/or testimony in the case.  If you didn't challenge jurisdiction, you gave them jurisdiction and the courts generally are biased and favor the plaintiff.  You have to say the right things and word things properly and challenge properly and effectively in order to win.

It's the same thing when disputing with the bureaus.  You can fight the judgment and dispute and challenge the judgment with the bureaus, but they are liars, cheats, lawbreakers, and are biased in favor of the companies that pay them.  Judgments should come off easily because they cannot truly be verified. But if the language is not correct, its a 50/50 shot.

There are things you can do in preparation for disputing and I've talked about that on other posts.  These things will give you a little more leverage and help you get them removed.  But if you want someone with over 30 years of experience, who knows the exact verbiage that has given me a 100% success rate of removing the judgments from credit reports, contact me.  I can help you get them off.  I can help remove your judgments whether they are paid or not. Usually after doing some prep work, they come  off with the first dispute. Occasionally the bureaus push back a bit and we have another go at it but as of the date of writing this article, the success rate is 100%.

I want to help you remove these judgments from your credit reports. If you're running out of time to remove these or have been told pay a judgment showing on your credit reports in order to get a car or mortgage or a place to live, or a job, or a promotion, I know how to get them off your reports quicker than most companies, and quicker than disputing it on your own.  The verbiage I use is effective. It is proprietary. It works.

Call or email me today so I can help you get these off your reports and on with your life.  7 years is too long to suffer because the bureaus prefer to be thugs to consumers than to aid them with accurate, verified reports.  Fighting for 6 - 12 months or longer to get the bureaus to remove them when you need to close escrow in 45 days is too long. Let me help.  It's what I'm good at, what I'm passionate about, and I want you to be able to get the things you need that these judgments on your reports are preventing you from attaining.

My phone number is 951-801-2828 and my email address is futurefico@gmail.com. Contact me right away to allow me to help you start getting your life back.

If you have found this blog helpful to you, please consider donating as a sign of your appreciation for information I have freely given to you.  The "Donate" button is on the right side bar.  Thank you for your generosity.