Got a collection letter today. Do I send DV?

[Anonymous]

Just received a letter from a collection agency. Do I send a Debt Validation Letter to them? I was looking at samples & they all say in them that they were not notified of the debt.. so I want to make sure that is what I am supposed to be sending. 

Thanks!

[gdale6]

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@Anonymous wrote:

Just received a letter from a collection agency. Do I send a Debt Validation Letter to them? I was looking at samples & they all say in them that they were not notified of the debt.. so I want to make sure that is what I am supposed to be sending. 

Thanks!

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Yes you would send a DV to them, you would adjust any sample letter to fit the circumstances of your case. Since you have received notification you would not state you have not received any dunning but you are availing yourself of your legal rights as afforded under the FDCPA. Not sure if you have seen the master DV file so I will give it to you here  

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Debt-Validation/m-p/7133

[RobertEG]

Not necessarily.

A DV, if timely, imposes a cease collection bar on the debt collector.

It sets no period for or requirement to respond.

Thus, they can choose to wait until they wish to continue collection activities.  During that time, you cannot negotiate anything with them.

Both parties are in limbo until the debt collector chooses to proceed.

If you dont recognize the debt or challenge its amount and want an itemization, that is what a DV is all about.

If you accept the debt, then you may wish ot proceed to offering a PFD or a settlement, getting the debt satisfied.  That may be particularly true if you are in a mortgage app process, where immediate satisfaction of the debt may be required.

If you do send a DV, you are not required to state that you were never notified of the debt.  All you need state is that you request verification of the debt under FDCPA 809(b), and if you also want either itemization of the debt or the name of the OC, a short statement to that effect.  Be wary of the numerous and lengthy DV letters you see floating around the net.  Most require/request items not required as part of adequate debt validation.