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cell phone collection SOL

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justanotherquestion
Contributor

cell phone collection SOL

just received  a letter from "convergent" for a sprint bill, i cancelled sprint in 2013/2014 what is the SOL for cell phone bills. i am writing a DV letter and demanding a signed contract copy be mailed.

i think i read the SOL is 2 years can anyone verify, in florida.

 

thanks all.

Message 1 of 5
4 REPLIES 4
Anonymous
Not applicable

Re: cell phone collection SOL


@justanotherquestion wrote:

just received  a letter from "convergent" for a sprint bill, i cancelled sprint in 2013/2014 what is the SOL for cell phone bills. i am writing a DV letter and demanding a signed contract copy be mailed.

i think i read the SOL is 2 years can anyone verify, in florida.

 

thanks all.


Cell phone bills are the same as any other written contract.

Message 2 of 5
justanotherquestion
Contributor

Re: cell phone collection SOL

thank you. if they can not provide the oringinal contract what are my options?

Message 3 of 5
Anonymous
Not applicable

Re: cell phone collection SOL


@justanotherquestion wrote:

thank you. if they can not provide the oringinal contract what are my options?


They in no way obligated to do that for a DV request.

Message 4 of 5
RobertEG
Legendary Contributor

Re: cell phone collection SOL

An original signed contract is not a requirment of debt validation under FDCPA 809(b), and is not generally interpreted in the case law as necessary for validation.

If you intend asserting that a signed contract is necessary, you should consult an attorney for review of case law precedent in your federal appellate jurisdiction.

Most jurisdictions do not impose such an interpretation of FDCPA 809(b).

 

More significantly, there are no requirmed elements that must be provided in response to any DV request under the FDCPA, and FL law does not provide for any enhanced DV requirements.  The debt collector must conduct an investigation and provide a statement as to whether they have obtained verification of the debt.

 

The FDCPA imposes a cease collection bar upon a debt collector if the consumer sends a timely DV request.

If the debt collector ceases further collection activities, there is no need to send any validation.  Thus, there is no requirement for any response, let alone a response that includes a copy of the original contract that created the debt.

 

Message 5 of 5
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