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Valued Member
Posts: 42
Registered: ‎12-14-2008
0

debt validation question

Hello everyone

So I sent a dv letter to Midland funding and the responded with just a letter with phone numbers, amount owed, and who the original creditor was. Is this sufficient validation ?

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Moderator
Posts: 13,298
Registered: ‎04-15-2011
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Re: debt validation question

Actually, yes.  They have satisfied the DV process.



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Valued Member
Posts: 42
Registered: ‎12-14-2008
0

Re: debt validation question

I just noticed on the letter they sent me it shows that my bill was due 05/2008, which if I am correct this account is past the sol( california). How can I proceed now?


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Mega Contributor
Posts: 19,825
Registered: ‎03-19-2007
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Re: debt validation question

[ Edited ]

+1

FDCPA 809(b) only requires that they "obtain" verification from the creditor, and convey that fact to the consumer.  It does not require accompanying documentation.

It is basically a system that places the burden on them to have reasonable basis for concluding the debt is owed, and you are the correct party to pursue.

If they validate without any reasonable basis, they do so at their future legal peril.  It is not a legal process of proofs.

If a consumer feels that they have validated without support, they can bring civil litigation and get the issue before a party with the authority to compel production of proofs.

The DV process does not provide that.

 

AS for expiration of SOL, that is your shield if they should pursue legal action.  Expiration of SOL has no relevance to their credit reporting, and does not preclude them from pursuing collection of the debt.  They just lose the legal option.

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