Re: Help with PFD in SOL
11-15-2012 01:15 PM
Factual issues over whether or not a consumer actually owes a debt are, unfortunately, not resolvable under either the FCRA dispute or FDCPA DV processes.
Both of those processes permit the consumer to question legitimacy of debt, but they dont compel the creditor or debt collector to respond with proof to support their assertion.
They require them to conduct a reasonable investigation of their records, and based on that investigation, provide a statment that they verify the accuracy. They dont have to prove it, but they must truthfully base any verification on a reasonable interpretation of their factual basis.
To pursue the issue once they verify from their records requires getting the issue before a party with authority to compel both sides to present their facts. That party is the court. You can always file civil action to contest their finding, or use your evidence as a defense should they initiate legal action. Only a judge can rule on the sufficiency of your tax return, residency at the time the asserted debt was incurred, etc., as proof that you did not authorize the asserted debt.
No, requesting they investigate their assertion of debt did not open the door for legal action. That door is always open to them, as is the door for the consumer to invoke an expiration of SOL defense against any such action on their part.
The FDCPA specfically gives a debt collector the option of bringing any legal action in either the state where the contract was executed or in the state of current residency of the consumer. If you now live in a state where SOL has not tolled, then they can bring legal action there.