Validation lltr to JDB Attorney

rubyruby27 · 09-05-2006, 09:00 PM

Please give me your opinions of this letter. Sent validation ltr to JDB, they sent to attorney, this is my letter to the attorney.

Dear Sir:

This letter is being sent to you in response to your letter dated August 10, 2006.

I requested validation from your client regarding this alleged account on August 7, 2006. To date I have not received validation from them. I am again requesting Validation of this alleged debt.

Please be advised I welcome all phone calls to settle this matter however due to poor customer service/quality assurance issues I have had in the past I now record all telephone calls.

Does the last paragraph cover me for recording and never mentioning I record calls again, they are now put on notice

roybean · 09-05-2006, 09:25 PM

I don't understand; why are you writing to the attorney? CA sent your letter to an attorney (and they notified you that they sent it to an attorney), so you are writing to the attorney???

What for? You did what you were suppose to do by DVing the CA.

rubyruby27 · 09-05-2006, 10:14 PM

Sorry, I wrote it wrong.

JDB sent acct to attorney. Attorney sent 1st letter this is in response to the attorneys letter.

codename_V · 09-05-2006, 10:33 PM

Ruby, I can't remember, but are you in a two party state?

Even so, why not just put in a diagnostic call to the atty, and see if they have the "Calls may be recorded..." disclaimer.

If they don't, just speak to a rep and ask...with recorder running of course.

If they say yes, you are good.

I'm not a fan of telling people you record.

rubyruby27 · 09-05-2006, 11:13 PM

No, its a one party state.

While I don't want to tell them I am recording, I don't want to be the test case either as it is a 3rd degree felony in Florida. I have a license to protect.

If I make this one time statement, it should cover me if they violate. If they should make numerous violation I don't want my evidence thrown out of court as inadmissable either.

Any other thoughts on how to tell them covertly.

jlynn · 09-05-2006, 11:21 PM

Quote:

Originally Posted by rubyruby27

No, its a one party state.

Ruby, if you are in a one party state, only one party needs to know you are recording. You are one of those parties.

If you are in a two party state, then BOTH parties need to know you are recording.

roybean · 09-05-2006, 11:33 PM

Record away hun.

Pale Rider · 09-05-2006, 11:39 PM

Quote:

Originally Posted by rubyruby27

Dear Sir:

This letter is being sent to you in response to your letter dated August 10, 2006.

I requested validation from your client regarding this alleged account on August 7, 2006. To date I have not received validation from them. I am again requesting Validation of this alleged debt.

Please be advised I welcome all phone calls to settle this matter however due to poor customer service/quality assurance issues I have had in the past I now record all telephone calls.

You already requested validation, and nothing has changed their duty to provide it.

I would suggest changing the blue statement to.

Please cease all collection activity until your client has provided the requested validation.

codename_V · 09-06-2006, 02:10 AM

If it is a one party state, then record away. This business about getting prosecuted for a crime in another state for something in your home state is pure malarky.

I have high cap magazines for my guns. In Texas, obviously, there is no problem with that. In Hawaii there is. I'd love for Hawaii Five O to come knocking on my door citing me for a crime. It just isn't going to happen, period.

Looking at the letter, I'm not sure why you are sending anything at all outside of a solicitation of settlement offers. Maybe something stating that they haven't validated, calls are inconvienent, and that is it.

rubyruby27 · 09-06-2006, 04:36 PM

Ok, I will get it right eventually, Its 2 party state. It was late for me last night, no nap and I get up at 5am

I guess I need to read the law on this one. If I record and don't tell, I can use it as a transcript. I think that is illegal in FL, recording without telling is a 3rd degree felony. I just can't take the chance right now to find out if they would do anything.

I am afraid to say don't call me in the letter to the lawyer, that could be viewed as not cooperative. This is going to court in the next few months, they want 10g and they think I'm the typical consumer.

Basically, your telling me to not tell and ask if they record, they might but it is an attorney's office so I am thinking they don't. I record don't tell and move to federal when they file.

roybean · 09-06-2006, 05:30 PM

I didn't think to look last night when you said it was a one party state, but for future references here is the link that shows which states are one or two party states.

Recording Calls

My understanding is that if you are in federal/district court, it doesn't matter what kind of state you are in and I have heard that you can record the call in a one party state and yes, like you said, transcribe it and use it in state court, but please do check your states laws about recording.

http://www.rcfp.org/taping/

Let me see if I can find federal law on this...

roybean · 09-06-2006, 05:55 PM

Ok, I see that there is a very old case (1950) stating that federal law does not supercede state laws, although it does not give the case.
http://www.callcorder.com/phone-reco...aw-america.htm

rubyruby27 · 09-06-2006, 07:42 PM

Thanks for researching for me Roy.

hannah · 09-06-2006, 08:30 PM

My law professor tonight said that all federal laws supercede state laws unless it provides for more than the federal law allows and the transaction was intrastate and not interstate. I questioned him three times using three different scenarios. Just reporting what he said...don't throw things at me....

rubyruby27 · 09-06-2006, 08:48 PM

Now let me see how many questions do I have for you.

Actually Hannah, I have read that somewhere, but thank you for asking your professor. I think I would like to audit law classes, I am to old to start fresh, also I really don't want to, just want to retire from having to work.

roybean · 09-06-2006, 08:49 PM

Quote:

Originally Posted by hannah

My law professor tonight said that all federal laws supercede state laws unless it provides for more than the federal law allows and the transaction was intrastate and not interstate. I questioned him three times using three different scenarios. Just reporting what he said...don't throw things at me....

Can you ask him for some case law? I'll look for some between my homework, but he is the teacher.

hannah · 09-06-2006, 09:17 PM

Quote:

Originally Posted by roybean

Can you ask him for some case law? I'll look for some between my homework, but he is the teacher.

I can ask him on Monday...He's a bit of a know-it-all...but I think I'll keep that to myself...

CtrlAltDelete · 09-06-2006, 10:28 PM

Back to the letter. Attorney's are subject to FDCPA, unless rarely doing colletion work, so I vote you send HIM a request for validation. There's lots of case law he can file, but no conclude case till he validates. Agree with PR, I like the "cease collections" part, just saying make the letter a specific request to the attorney that he validate.

rubyruby27 · 09-06-2006, 10:37 PM

PaleRider

Thanks, somehow I missed this post.

Ruby