Re: Medical CA - OC doesn't have any record of debt
01-18-2013 09:26 AM
The debt collector is required to have "obtained" verification. The statute does not define the procedures.
They could quite possibly have their own records that they consider adequate to verify the debt. The fact that the OC no longer retains records does not, per se, mean that the debt collector cannot verify the debt.
When providing debt verification, they are not required under FDCPA 809(b) to provide supporting documentation, so you have no way under the DV process itself to challenge the actual accuracy of their statement that they have obtained verification. To compel documentation of their verification requires getting the matter before a judge.
The method of verification (MOV) process applies only to requests sent to a CRA relating to the procedures they used in their reinvestigation of a dispute.
There is no requrement under either the FCRA or FDCPA that a debt collector provide the method of their verification of a debt.