Proper Debt Validation

[Anonymous]

Edited to remove outdated and incorrect information.

Much of the information in this thread was originally posted in 2008 and it contained comments and advice concerning DV's that is outdated and useless.  Something like this is all that is needed in a DV request. Send the DV CMRRR.

"I pulled my credit bureau report, and I discovered that you claim I owe you a debt. Under FDCPA 809, send me validation of this debt."

"You claim I owe you a debt. In accordance with FDCPA, send me validation of this debt."

"I received your letter claiming I owe you a debt. Per the FDCPA, send me validation of this debt."

The CA is only required to send a few items in response to a DV letter. FDCPA 809 says this:

(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 colllector 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.

The CA is under no time limit to answer a DV but all collection activity must stop until they do respond. If you happen to live in Texas you can file a "Notice of Inaccuracy" that compels a CA to respond within 30 days. Here is a link to the Texas Finance Code that covers debt collection.

--MarineVietVet, myFICO moderator

[Anonymous]

good post. I know that if you were being sued, you can also ask for discovery....which includes all that info.

The CAs are getting away with murder!

[Anonymous]

Thanks for all that info.  But is all of this only valid if you DV within 30 days?

[Anonymous]

I suppose that is true if they sent the original communication Certifeid mail-

Part of this post shows that they would have to prove that they sent something-

Most CA's know this-

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jennhalcyon wrote:

Thanks for all that info.  But is all of this only valid if you DV within 30 days?

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[Anonymous]

should we let ca's know this when we dv them or just keep this info to ourselfs,so we can late dispute their supposed proof of validation and have it removed from cr's.

[Anonymous]

Timothy wrote:

I suppose that is true if they sent the original communication Certifeid mail-

Part of this post shows that they would have to prove that they sent something-

Most CA's know this-

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jennhalcyon wrote:

Thanks for all that info.  But is all of this only valid if you DV within 30 days?

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Timothy,

I contacted them several months ago for a date of service on the bill, so they know I knew about the collection.  I dv'd them and just received a very basic "itemized bill" with the service desc., amt, my info and the hospital info, not on any company letterhead, dated jan 7th.  nothing from the hospital, no letters to me, etc.  But again, it is after the 30 days since I "knew".  Am I out of luck?  Should I write back demanding more info?

[Anonymous]

There is some confusion regarding the 'first 30 days' clause of the FDCPA. You can DV the JDB/Collector at ANY time. If you do it in the first 30 days of the initial communucation  from the JDB/Collector, they can NOT continue with ANYcollection activities until they validate. After the first 30 days has ellapsed, the JDB/Collector still has to provide the validation, however,  they can still call you, etc to try to collect. Regardless of when you ask for the validation, the JDB still has to prove what they say you owe.

Message Edited by Lonnster on 01-10-2008 10:46 AM

[Anonymous]

Edited to remove outdated and incorrect information - MarineVietVet, myFICO moderator

[Anonymous]

Edited to remove outdated and incorrect information - MarineVietVet, myFICO moderator

[Anonymous]

HappyDays wrote:

good post. I know that if you were being sued, you can also ask for discovery....which includes all that info.

The CAs are getting away with murder!

The key is to ask for this stuff up front. That way, more times than not, you can avoid the whole 'being sued' thing.