Divorce Situation/Debt Collectors

[Startome]

My father and I are both heavily involved in discussion with each other about finances. We always have been and it's something I value tremendously. That said, I have a lease with my uncle that my father had before me, and I get mail for them all the time. This mail is debt collection notices all the time for my step mother. Her EX filed bankruptcy and debt agency after debt agency mails her trying to collect on her debts. My dad, being very finance savvy, simply tells them they have 30 days to prove she is responsible for his debt, and they mostly leave them alone after that. I haven't asked but I imagine many have reported or tried to report her to the various CRA's. Is this a situation where the immensely large list is way too much to dispute, or should they actively try to tackle all of these? I just hate that these places won't leave them alone or pester her ex and not her. Maybe they don't report to the CRAs and I'm just silly. lol. Anyone have any experience with this is the past?

[guiness56]

The CAs don't have 30 days to prove it is her debt or that she is responsible for it.  She has 30 days to send a DV letter to them.  They don't have to respond, just cannot continue collection activity until they do.  They don't have to prove whose debt it is, just that one exists.

Also, if any of these were joint debts, she is responsible for them if the ex filed BK.  If they were in a community property state, she may be responsible for all of them. 

I would definitely get a free report from each CRA at annualcreditreport.com.  One free every 12 months.

I would take a guess that many of them have reported.

[RobertEG]

Debt collectors are not required under the FDCPA to "prove" the legitimacy of a debt they are attempting to collect.

They must notify the consumer by sending a formal collection notice, commonly referred to as a "dunning notice," within 5 business days of any iniitial communication with a consumer.  In that notice, they must identity the current owner of the debt, the total amount of the asserted debt, and advise the consumer of their right to request validation of the debt within 30 days of the dunning notice.

If the consumer sends them a request for debt validation (DV) within that 30 days, the debt collector must cease active collection on the debt until such time as they choose to provide the requested validation.  They have no period in which they must do so, and validation, when sent, need not provide documentation supporting their validation, and thus "prove" the legitimacy.  They are required, in order to validate and thus resume collection on the debt,  to conduct a reasonable investigation, and inform the consumer that their investigation supports their determination. 

To require proof, the consumer must challenge the validity in court, and thus use the court-compelled discovery process to require the debt collector to "prove" their case.

Lots of side issues are also involved in the post.... such as were the debts now attempting to be collected jointly discharged by the BK of the Ex, or is she still jointly responsible for the debt, and not included as a party in the BK discharge?

I would also exercise caution in getting involved in communicating with a debt collector regarding debts of another.

They are prohibited from any disclosure that a party even has an asserted debt with them to anyone other than the consumer or the spouse of the named consumer.

[Startome]

Thank you guys. I'll try to respond to all posts if I can. I definitely don't want to talk to the CAs, just to my dad about ideas for dealing with them that you guys suggest. Most of the companies are after debts her EX accrued after the divorce, so she is not financially responsible. But it seems like new companies keep telling her she owes them money anyway. Always something like "You owe 20+K for such and such, but we'll accept 6+K to clear the debt". Something like that. Usually they back off when my dad confronts them, as they have no way to prove she owes the debt. But new companies keep trying. It seems like they just sell it to the next company when they realize they can't get the money. 

Thank you too for explaining the DV stuff guys, I've read bits and pieces on the forum here, but not seen the step by steps so clearly explained =)

Editted to remove vague "he" that didn't make clear which he I meant.