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I see from your post that you are dealing with a 3rd party collector. When dealingwith collections agencies, the best way I found to deal with them is use the Fair DebtCollection Practices Act (FDCPA). I love 3rd party collectors as they are not theoriginal owners of the account. Most of the time they bought the account for pennieson the dollar and what they are able to collect is gravy. You said in your post yourequested Demand for Production andInspection of Documents which to mesounds like you are asking for validation of the debt and that is your right under theFDCPA. To collect they have to prove they are the holders in due course of this debtand 99% of them cannot prove this fact. Just to state that you owe this account isnot proof that you dowhere is the proof??????? Signed charge tickets, copies ofall payments, etc. I will bet they do not have this informationthus how are theygoing to prove that you owe this debt. Anyone can say you owe thembut againwhere is the proof?? 3rd party collectors use fear and intimation to collect what theycanthey are not use to any one knowing the FDCPA and when they come acrosssomeone that doesit throws them for a loop.

What I did not understand from your post was intent to sue it for a fraudulent

balance from 3 years ago. What do they mean by fraudulent balance? How didthey come up with a fraudulent balancecharge?

Your time frame of May 5, 2013 does not give you much timebut if you have to gointo court, demand proper validation of the debt and dispute the debt to the courtletthe burden of proof fall to them.

The following is what I have used and recommended to others to use to ask forvalidation of an allegeddebt and so far with a 100% success ratebut was sent to the collections agencieslong before any court hearings were scheduled. The request for validation letter wassent to them by certified mail. Now sometimes it took 3-4-5 letters but each time Iask the same thingover and over again as most of the time they ignored the 1st ,2nd , 3rd request but you have proof that you indeed asked for proper debt validationand when they fail to prove the debtthey usually go away and cannot place anyderogatory remarks on your credit.

Anyone else in here that is having a problem with a collections agencies, I wouldstrongly recommend send them a copy of the belowjust fill in the blanks with yourinfonow dont be surprised if they ignore you and send you another collectionletterbut just keep sending (by certified mail as you want a track record) and sooneror later they should go away. Also I would strongly recommend that everyone take

time a read and study the Fair Debt Collection Practices Act and becomeknowledgeable of this law.It is very useful.

EXAMPLE

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I am in receipt of your letter dated ____________________ requesting paymentfrom me in the amount of $_____________ on behalfof_______________________________. . By copy of this letter, I dispute this debt.

As a debt collector, I'm sure you are aware of the provisions in the Fair DebtCollection Practices Act (FDCPA), and I am requesting validation of this debt. Torefresh your memory on what constitutes legal debt validation, I am providing you alist of the required documentation:

(1) Complete payment history, the requirement of which has been establishedvia Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509.

(2) Agreement that bears the signature of the alleged debtor wherein I agreed to paythe original creditor. Since you have listed my personal name (your name) on yourcorrespondence I am requesting proof that I am indeed the party you are asking topay this debt, and there is some contractual obligation which is binding on mepersonally to pay this debt.

(3) As a 3rd party collector, a letter of sale or assignment from the original creditor toyour company. Agreement with your client that grants you the authority to collect onthis alleged debt. Coppola v. Arrow Financial Services, 302CV577, 2002WL32173704 (D.Conn., Oct. 29, 2002) - Information relating to the purchase of a baddebt is not proprietary or burdensome. Debtor must phrase their request clearly toobtain: The source of a debt and the amount a bad debt buyer paid for plaintiff'sdebt, how amount sought was calculated, where in issue a list of reports to creditbureaus, and documents conferring authority on defendant to collect debt. Intimateknowledge of the creation of the debt by you, the collection agency.

(4) Copies of all charges and /or credits billing for this alleged account.

As I am sure you are well aware, underFDCPA Section 809 (b), you are notallowed to pursue collection activity until the debt is validated. You should be madeaware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA,2004, the courts ruled that reporting a collection account indeed is consideredcollection activity.

Sincerely,

sign your name