DV question... What if no one signs for it?

[Marcos8]

Hello all. Sent out my first DV today. I've never done this before now so I'm just trying to think logically about my next steps. The first question that came to my mind was what if the collection attorney that I sent this to never accepts or signs for my DV which I sent CMRR? What if they claim they never received anything from me and therefore proceed with collection activity? I of course have my stubs from the post office etc... Does this happen a lot? How long do I wait for a signature confirmation and if I don't get one what do I do next? Thanks

[gdale6]

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@Marcos8 wrote:

Hello all. Sent out my first DV today. I've never done this before now so I'm just trying to think logically about my next steps. The first question that came to my mind was what if the collection attorney that I sent this to never accepts or signs for my DV which I sent CMRR? What if they claim they never received anything from me and therefore proceed with collection activity? I of course have my stubs from the post office etc... Does this happen a lot? How long do I wait for a signature confirmation and if I don't get one what do I do next? Thanks

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DVs should only be sent certified with tracking, not siggy required. CAs tend to use drop boxes and wont sign for anything. if it comes back send it again without RR siggy required. The PO at their end will try to deliver it for 2 weeks before sending it back to you.

[Marcos8]

Thanks for the response. Should I just send it again now just certified with tracking or is it better to wait a little? Thanks

[gdale6]

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@Marcos8 wrote:

Thanks for the response. Should I just send it again now just certified with tracking or is it better to wait a little? Thanks

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No you dont send another one before the first one comes back.

[RobertEG]

It is rare, at least based on posts here in the forum, to see a debt collector assert an untimely DV, and thus continue collection activity after recepit of a timely DV.

They more often seem to err on the side of still accepting a DV, even if untimely, and providing debt validation prior to continuing collection activity.

As for evidence of receipt, yes, it is always prudent to have receipt.

However, the statutory provision os FDCPA 809(b) is only that that the consumer "notifies the debt collector in writng within the thirty day period," not that the consumer have proof of their receipt.  Thus, as gdale states, the courts have generally accepted proof of mailing, without the additionaly requirement of proof of physical signing upon receipt, as adequate basis for imposing the cease collection bar.

[Marcos8]

Ok thanks. It's scheduled to arrive there Monday since its only a few towns away. I should know something soon.