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DV in Texas

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Anonymous
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DV in Texas

I'm helping my fiance repair his credit. He has poor credit. We went over his report and found several that we are not sure belong to him. There are so many forums out there about DV, im quite confused. If they are old, (but within SOL) can i still send DV letter? I saw somewhere that it has to be sent to CA within 30 days???? Also, is there a good website that will give me a sample letter/template? Im not sure exactly what to put. thanks!

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RobertEG
Legendary Contributor

Re: DV in Texas

I assume you are a resident of Texas.

There are two entirely different statutes you can use for debt validation.  One is the gneral federal provision of the FDCPA, which applies to residents of all states and the other is the provision of the TX Financial Code, which applies only to residents of Texas.

You can do one or the other, or even both.

 

Under the federal FDCPA,, a DV request must be sent within 30 days after receipt of a debt collecrtor's dunning notice to be timely.

If timely, it imposes a cease collection bar on the debt collector, which remains in force until such time as hte debt collector chooses to provide the requested debt validation.  They can choose never to respond, which prevesnts them from any continued debt collection activites.

If the DV is not timely, it imposes no resrictions on the debt collector, and they can choose to ignore it and go on about their collection activities.

 

Under the TX Financail Code, a request for validation can be requested at any time.  There is no 30-day period in which the request must be sent.

The debt collector must respond within 30 days, but is not required to provide debt valiatiion in their response.  They can state that they are not yet prepared to validate.

If they do not provide the validation, they must promptly delete any reported collection, but may reinsert the collection once they have provided validation.

A TX request also imposes a cease collection bar, which similarly remains in effect until the requested valdiation is provided.

 

If a resident of TX, simply sending a DV under th federal FDCPA does not invoke the 30-day response period.  The request must specifically refernce the TX Financial Code to invoke its provisions,

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