05-11-2012 03:18 PM - edited 05-11-2012 03:25 PM
Hi all, new here. I searched and couldn't find anything similar.
I have an LVNV collection on my report. It's been there for almost 4 years and I don't remember getting a Dunning letter from them. I'm in CA and the SOL is 4 years, which ends in 6 months. If I did get the letter, I didn't send a DV. Is it too late to send a DV or should I wait for SOL to expire and then send a zombie debt letter requesting a delete of the credit report information? Or is that not even the correct course of action?
05-11-2012 03:34 PM
You can always send a DV. If they didnt send dunning notice, it would be timely, and thus invoke an automatic cease collection bar. However, if they did send dunning notice, it would be untimely and provide no pressure to remove a cease collection bar as incentive to provide verification.
I am not sure of what you mean by sending a "zombie" letter as a basis for CR deletion. Neither failure to send dunning notice nor expiration of SOL are bases for CR deletion.
Dunning notice is a debt collection practices issue under the FDCPA, and SOL is an issue of legal obligation to pay the debt.
Dispute of their reporting would be confined to its accuracy. What would be the asserted inaccuracy?
With imminent expiration of SOL, I would opt to delay any communications at this point.
05-11-2012 03:40 PM - last edited on 05-11-2012 05:45 PM by llecs
Thanks for the information. My head is starting to spin. I came across a letter template edited for removing debt that has expired SOL from a CA. This is the "zombie" debt letter I'm referring to. What would be the next step after SOL expires then?
Unfortunately links to CIC aren't allowed on here because their advice goes against the rules of this site. - llecs, myFICO moderator