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Texas DV letter question

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dgduhon1023
Visitor

Texas DV letter question

Just pulled mine and my husband's credit reports and will be sending DV letters CRRR starting Monday. Most of the derogatory accounts are medical and I was wondering if it would be a good idea to request dates of service also. I have 2 that have the same amount on the same report but different CAs and I think it might be the same account plus 2 other accounts with high amounts that seem too high.
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1 REPLY 1
RobertEG
Legendary Contributor

Re: Texas DV letter question

The Tex Finance Code broadly encompasses more than a simple DV request provided under the federal FDCPA.  It extends to the accuracy of any item in the debt collector's file.  However, the notable provision is not that they must document or prove the accuracy, but only that they must admit or deny.  Thus, requests for verification are warranted, but requirments for detailed supporting documentation are questionable. 

In the end, what is or is not required to constitute adequate verification would be up to interpretation by a judge, and would thus require legal action in order to obtain a legal ruling. 

 

Put it in your request, but be prepared for a battle should you not accept their verifcation.

 

The stone tablet reads:

 

"Sec. 392.202.  CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S OR CREDIT BUREAU'S FILES. 

(a)  An individual who disputes the accuracy of an item that is in a third-party debt collector's or credit bureau's file on the individual and that relates to a debt being collected by the third-party debt collector may notify in writing the third-party debt collector of the inaccuracy.  The third-party debt collector shall make a written record of the dispute.  If the third-party debt collector does not report information related to the dispute to a credit bureau, the third-party debt collector shall cease collection efforts until an investigation of the dispute described by Subsections (b)-(e) determines the accurate amount of the debt, if any.  If the third-party debt collector reports information related to the dispute to a credit bureau, the reporting third-party debt collector shall initiate an investigation of the dispute described by Subsections (b)-(e) and shall cease collection efforts until the investigation determines the accurate amount of the debt, if any.  This section does not affect the application of Chapter 20, Business & Commerce Code, to a third-party debt collector subject to that chapter.

(b)  Not later than the 30th day after the date a notice of inaccuracy is received, a third-party debt collector who initiates an investigation shall send a written statement to the individual:

(1)  denying the inaccuracy;

(2)  admitting the inaccuracy;  or

(3)  stating that the third-party debt collector has not had sufficient time to complete an investigation of the inaccuracy."

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