DV Letter (Non-certified mail)

[Anonymous]

I recently sent out a DV letter for a debt that is beiing reported on my CR. However, I didn't send out the letter via certified mail, just regular usps by dropping it in the mailbox. Is this going to be a problem with my DV letter? Should I re-send a new letter via certified mail or simply wait the 30 days and send my followup letter based on their response (or no response) via certified mail?

[gagirl82]

Its best to send the letter via certified mail.  If you send the letter certified and the creditor does not validate within the 30 days you can just use the letter and the proof that you sent it certified to get the debt deleted off your reports. I would say if you dont get a response in 30 days then send another letter certifed and go from there.

[Anonymous]

Thank you for the response.

Just to clarify, since my initial letter wasn't sent out certified should I send out a new certified letter now or wait the 30 days from my initial letter then send a new certified letter? Without the certified mail I basically have no proof that the letter was sent so if the CA does not validate will I even be able to dispute or have the debt removed?

[RobertEG]

The date is pertinent, not for detrmination of whether the debt collector responds within 30 days, as there is no such requirement, but rather to show that YOU have requested debt validation within the 30 day period set in a dunning notice.

Date of a DV is the one period where the consumer is under a statutory period to take action.  It is thus prudent to have proof should the debt collector ever assert that your DV was not timely.  If you DV is untmely, it invokes no cease collection bar on the debt collector.

[Anonymous]

Thank you! Very helpful information. 

[MarineVietVet]

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@RobertEG wrote:

The date is pertinent, not for detrmination of whether the debt collector responds within 30 days, as there is no such requirement, but rather to show that YOU have requested debt validation within the 30 day period set in a dunning notice.

Date of a DV is the one period where the consumer is under a statutory period to take action.  It is thus prudent to have proof should the debt collector ever assert that your DV was not timely.  If you DV is untmely, it invokes no cease collection bar on the debt collector.

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I echo what Robert wrote. The CA is under no obligation to ever answer a DV letter (except in Texas) but all collection activity has to stop until and if they do respond.