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I have an account in collection of JCS, of a credit card in 2001, by 2,429 the DofD was in 2011,and sell account to Jeferson Capital in 2015, but the original amount was 1023(credit Line) never use more that 1000 dollars and wanted know if it's okay that amount. it would be good to send a Deb validation or a PFD?
If the question is whether a debt collector can report a collection that asserts a debt that is higher than the principal amount of the debt incurred with the creditor, the answer is yes.
FDCPA 808 permits a debt collector to include amounts above that of the original principal balance, such as interest or other fees that are in compliance with your state laws, provided those amounts are either specifically authoriized in the account agreement that created the debt or are otherwise authorized under your state law.
Sending a DV or offering a PFD are separate determinations.
If you wish to obtain verification of the debt prior to making any payment decisions, you can send a DV request.
If timely, your DV will then invoke a cease collection bar that will remain in effect until such time as the debt collector may choose to send validation.
There is no requirement to or period for sending validation, so you will remain in limbo until such time as they choose to reply.
While a timely DV request is pending, the debt collector cannot conduct any collection activites.
That includes consideration of a PFD.
You thus need to decide which process you wish to pursue.
If the amount of the debt is your only consideration, you can always call and make a PFD offer for a lower amount, such as the only the original principal amount of the debt.
I say to call because a written PFD has no time period for a response, and sending a PFD and wating might cause any subsequent DV to become untimely, and thus impose no cease collection bar.
Thank you Robert, I'm not sure I do, pay to Jeferson Cap but not if'll have all the money and do not want to commit, just need one year to be deleted from the TL or get a secured credit card. what dou you recommend?