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Regular Contributor
kims
Posts: 212
Registered: ‎06-30-2007

Texas Attorney General Link...Timeframe for CA validation when disputed

[ Edited ]
 
 
I found this EXTREMELY interesting...seems as if the Attorney General for the State of Texas has determined a time frame in which a CA or OC has to validate or remove from CR.  Am I reading this right or am I completely misunderstanding?
 

If You Disagree

If you dispute an item in the file a debt collector has on you, you should give the debt collector written notice. The debt collector must provide you with the necessary forms for the written notice, and must help you fill out the forms if you request it. The debt collector has 30 days after receiving your written request to determine whether or not the disputed item is correct. If it is incorrect, it must be corrected. The debt collector must notify anyone who has already received a report containing the incorrect item. If, at the end of 30 days, the debt collector has not been able to determine whether the item is correct or not, he or she must make the change you requested and notify anyone who received a report containing the incorrect item. If it is later determined that the item was correct after all, you must be notified and collection efforts may be continued.



Message Edited by kims on 07-14-2007 05:56 PM
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Regular Contributor
kims
Posts: 212
Registered: ‎06-30-2007

Re: Texas Attorney General Link...Timeframe for CA validation when disputed

Noah??
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Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007

Re: Texas Attorney General Link...Timeframe for CA validation when disputed

Texas does have some very potent laws that protect debtors. Texas has it's own state DV law, and there's no 30 day window in which the consumer must validate. You can request validation at ANY time in Texas.
 
FDCPA also says the CA must "cease collections", but to date I've never heard of a window in which they have to comply. Texas AG does appear to be saying that CAs must cease or validate in 30 days.
 
Frequent Contributor
princessofpink
Posts: 328
Registered: ‎05-18-2007

Re: Texas Attorney General Link...Timeframe for CA validation when disputed

Just curious Noah, does Texas have to be the state of the CA, the OC or the person who supposedly owes the money?   Any thoughts on this?
 
Regular Contributor
kims
Posts: 212
Registered: ‎06-30-2007

Re: Texas Attorney General Link...Timeframe for CA validation when disputed

I'm not Noah...but I think the correct answer is the debtor...aka ME lol:smileysurprised:
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Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007

Re: Texas Attorney General Link...Timeframe for CA validation when disputed

You got it. The debtor. The CA has to comply with the laws of the state where the debtor resides.
Member
erickedgar
Posts: 9
Registered: ‎11-08-2013

Re: Texas Attorney General Link...Timeframe for CA validation when disputed

Has anyone had any luck using this law to get items deleted?
Mega Contributor
RobertEG
Posts: 17,260
Registered: ‎03-19-2007

Re: Texas Attorney General Link...Timeframe for CA validation when disputed

Under the TX code, they must cease collection, and must respond within 30 days.

There is no 30-day timeliness provision from dunning notice for a consumer to send a request under the TX code.

 

However, the TX code does not compel that they must verify within 30 days.

If, in their required response, they state that they have not yet obtained verification, then they must delete their reporting with the CRA.

However, the TX code specifically provides that they may reinsert the deleted reporting if and when they do provide the requested verification.

 

The TX code does not modify the provisions for the federal DV process.

Thus, TX residents do not receive a 30 day response requirement to a DV request made under the FDCPA.

They must separately send a request to the debt collector, citing the TX financial code.


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