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Open vs Closed Collection

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RobertEG
Legendary Contributor

Re: Open vs Closed Collection

If they choose not to provide such an itemization, the ball is then in your court, if you consider itemization as requried, to assert once they resume any collection activiteis, that they are in violation of their cease collection bar.  Until they resume collection activities, there would be no violation of the FDCPA, as validattion of a debt has no required period for any response.  You would in effect consider that they remain under a cease collection bar (providing your DV was timely).

 

If your DV was not timely, which appears to be the case, the DV did not impose a cease collection bar, and they can continue collection on the debt with no issue of violation.

You have lost your ability to impose any cease collection bar.

 

You option at this point would be to initiate civil action and provide proof in court that the debt is not valid.

That would then compel their production of evidence.

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