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Can a DV be sent to a CA at any time?

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Anonymous
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Can a DV be sent to a CA at any time?

Can a DV be sent to a CA at any time? or are there limits to when a DV isnt valid anymore ie/ after thirty days of the initial letter?
Message 1 of 34
33 REPLIES 33
Anonymous
Not applicable

Re: Can a DV be sent to a CA at any time?



mbush12 wrote:
Can a DV be sent to a CA at any time? or are there limits to when a DV isnt valid anymore ie/ after thirty days of the initial letter?


30 days.............except some states(like TX, don't know if any others do) allow you to DV at anytime.
Message 2 of 34
Anonymous
Not applicable

Re: Can a DV be sent to a CA at any time?



@Anonymous wrote:


@Anonymous wrote:
Can a DV be sent to a CA at any time? or are there limits to when a DV isnt valid anymore ie/ after thirty days of the initial letter?


30 days.............except some states(like TX, don't know if any others do) allow you to DV at anytime.





So have I wasted my time DV'ing CA's with several year old debts, who I've already disputed with the CRAs (came back 'verified' but so far for me that means nothing, I want to see documentation). Will they just ignore them?
Message 3 of 34
llecs
Moderator Emeritus

Re: Can a DV be sent to a CA at any time?



mbush12 wrote:
Can a DV be sent to a CA at any time? or are there limits to when a DV isnt valid anymore ie/ after thirty days of the initial letter?


The FDCPA is very clear that you have only 30 days to repond with a DV once that initial collection letter is received. See Sect. 809.
 
What happens if you never received that letter? Then I conceed that a DV should be sent from that point forward within 30 days of seeing it on your report. In court, the CA must prove that they sent that initial letter. To save on costs, they don't send it CMRRR. On a legal standpoint, if you did receive that initial letter, you don't have a defense if you never sent the DV within the 30 days.
 
IMO, you can send a DV anytime you want. Again, it is not defensable if past 30 days. However, CAs often violate the FDCPA or FCRA. I bet they hardly know the law at all. I don't see a problem sending a DV at anytime. You might scare them enough to cause them to delete your account. Remember, they often buy debts for pennies on the dollar; they are looking for an easy kill. If you put up a fight, they might not want to mess with you.
Message 4 of 34
Anonymous
Not applicable

Re: Can a DV be sent to a CA at any time?

Actually, that works out well because I moved to Texas 6 months ago. 
Message 5 of 34
Anonymous
Not applicable

Re: Can a DV be sent to a CA at any time?

Maybe not. I DV'd a CA that I had disputed through the CRA a few years ago. I have never received anything from them. I disputed it, it came back verified but I never got anything about the dispute and just assumed it was gone until I pulled my reports a few months back.
 
 

nyccc2 wrote:
 
So have I wasted my time DV'ing CA's with several year old debts, who I've already disputed with the CRAs (came back 'verified' but so far for me that means nothing, I want to see documentation). Will they just ignore them?


Message 6 of 34
modernsurrender
Established Contributor

Re: Can a DV be sent to a CA at any time?



sidewinder wrote:


mbush12 wrote:
Can a DV be sent to a CA at any time? or are there limits to when a DV isnt valid anymore ie/ after thirty days of the initial letter?


30 days.............except some states(like TX, don't know if any others do) allow you to DV at anytime.


Craaaaaaaaap, you mean I rushed to send out DV's on all the accounts I'd disputed at once for no reason.  GRRRR hahaha
Start 2/2008: TU 495 || EX 539 || EQ 528
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Message 7 of 34
Anonymous
Not applicable

Re: Can a DV be sent to a CA at any time?



@modernsurrender wrote:


@Anonymous wrote:


@Anonymous wrote:
Can a DV be sent to a CA at any time? or are there limits to when a DV isnt valid anymore ie/ after thirty days of the initial letter?


30 days.............except some states(like TX, don't know if any others do) allow you to DV at anytime.


Craaaaaaaaap, you mean I rushed to send out DV's on all the accounts I'd disputed at once for no reason. GRRRR hahaha





Crap, even worse is all we probably did is put ourselves back on their radar AND pissed them off. So they could for instance report to the other CRAs they are not on now, step up collections, or even try to sue. And I STILL can't get a solid answer on if paying CRAs re-sets SOL.
Message 8 of 34
Anonymous
Not applicable

Re: Can a DV be sent to a CA at any time?

I just disputed the CR--hadnt  sent out the DV yet,  I am really on the fence about the DV.   I really dont want to do anything stupid  when the fall off date is  July of 2008.  Portfolio Recovery is showing on my account now a recent payment of $38.  I know that I didnt make this payment nor anyone I know.  I had not recieved anything communication from this CA and am really torn.


Message Edited by mbush12 on 03-14-2008 09:52 AM
Message 9 of 34
Anonymous
Not applicable

Re: Can a DV be sent to a CA at any time?



@Anonymous wrote:


@modernsurrender wrote:


@Anonymous wrote:


@Anonymous wrote:
Can a DV be sent to a CA at any time? or are there limits to when a DV isnt valid anymore ie/ after thirty days of the initial letter?


30 days.............except some states(like TX, don't know if any others do) allow you to DV at anytime.


Craaaaaaaaap, you mean I rushed to send out DV's on all the accounts I'd disputed at once for no reason. GRRRR hahaha





Crap, even worse is all we probably did is put ourselves back on their radar AND pissed them off. So they could for instance report to the other CRAs they are not on now, step up collections, or even try to sue. And I STILL can't get a solid answer on if paying CRAs re-sets SOL.


Someone correct me if I am wrong... but, I think you have to come current with the OC for SOL to be re-set.
Message 10 of 34
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