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DV Time Limitations

Mifune
Member

Re: DV Time Limitations

Suit authorization and an actual suit are two separate things, hence the quotations. 

 

Getting an authorization to sue simply means that a CA (working as an assignee for a creditor) has the written authorization of the client to sue someone on their behalf should it become necessary, it doesn't necessarily mean that the CA will sue. This is a behind the scenes process in collections that happens and may be at the forefront of the collector's mind if he/she gets a DV request.  If I don't already have it, when I request a suit authorization, the client will provide copies of:

 

(greatly varies, depending on the type of credit)

App/Signed Contract/Lending Agreement

Disclosure form

Statements

 

The only other thing unique in a DV is showing that the account was assigned or purchased by/from the OC (if they requested proof of assignment/purchase). 

 

When someone requests a DV from me, I will have it mailed to them, but I'm under no obligation of informing them that I requested suit authorization; at that moment, there is no intention of suing.  It is just a mental note in the mind of the collector.  It is illegal to threaten to sue someone if there is no intention.  What I am trying to inform, is that he/she may inadvertently become one step closer to having a Notice of Intention sent to them, because the CA does indeed have all of the documents needed to seek judgement (and the collector has preformed opinions about the people who request DVs).

 

Again, just trying to educate and provide insight into some of the processes (mental and otherwise) that occur in collections.  Not really here to argue about the finer points of what is needed for a suit, since it is unrelated to op's question...


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Message 11 of 21
O6
Senior Contributor

Re: DV Time Limitations


@Mifune wrote:

Suit authorization and an actual suit are two separate things, hence the quotations. 

 

Getting an authorization to sue simply means that a CA (working as an assignee for a creditor) has the written authorization of the client to sue someone on their behalf should it become necessary, it doesn't necessarily mean that the CA will sue. This is a behind the scenes process in collections that happens and may be at the forefront of the collector's mind if he/she gets a DV request.  If I don't already have it, when I request a suit authorization, the client will provide copies of:

 

(greatly varies, depending on the type of credit)

App/Signed Contract/Lending Agreement

Disclosure form

Statements

 

The only other thing unique in a DV is showing that the account was assigned or purchased by/from the OC (if they requested proof of assignment/purchase). 

 

When someone requests a DV from me, I will have it mailed to them, but I'm under no obligation of informing them that I requested suit authorization; at that moment, there is no intention of suing.  It is just a mental note in the mind of the collector.  It is illegal to threaten to sue someone if there is no intention.  What I am trying to inform, is that he/she may inadvertently become one step closer to having a Notice of Intention sent to them, because the CA does indeed have all of the documents needed to seek judgement (and the collector has preformed opinions about the people who request DVs).

 

Again, just trying to educate and provide insight into some of the processes (mental and otherwise) that occur in collections.  Not really here to argue about the finer points of what is needed for a suit, since it is unrelated to op's question...


I just wanted to clarify that:

 

1.  A CA is not able to sue until after a proper response to a timely made DV request; and

 

2.  None of the documents you listed are required in a proper DV response. 

 

Frankly, it's difficult to see why a reputable CA would be offended by a DV request to the point of actually accelerating a lawsuit.  Unless, of course, the CA was not reputable.

IAALBNYL
Message 12 of 21
Mifune
Member

Re: DV Time Limitations

I'm not sure I appreciate what you are implying.

 

In my experience, take it as you will, the majority of people who have requested DV had no intentions of paying back financial obligations they legally owed.   This causes a logical conclusion to be drawn [with a collector] that someone requesting a DV is possibly trying to avoid paying a debt.  Just as a lender is inclined to not provide credit to someone with a low FICO, or someone conditioned to not touch a hot stove after being burned too many times, or even someone who has dealt with too many bad CAs is apt to fight with them the moment they call. The effect is that the suit process [may] be accelerated by requesting a DV if you know you have no doubts about the debt/validity of the CA.  Monies owed are monies owed; the moment a line of credit is defaulted, that person is immediately at risk of having a judgement filed against them [if it is legitimate], regardless of whether it is 90 days down the line, or 2 years. Someone legally owing monies to a creditor should not harbor resentment should they become held legally accountable for repayment of those debts.

 

FDCPA, FCRA and various laws exist to protect consumers from fraud and abusive behavior, not as a method of delaying or avoiding paying monies legally owed.  This website exists to promote fiscal responsibility; as such, those tools should also be used responsibly.  Just sayin.


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Message 13 of 21
O6
Senior Contributor

Re: DV Time Limitations


@Mifune wrote:

I'm not sure I appreciate what you are implying.

 

In my experience, take it as you will, the majority of people who have requested DV had no intentions of paying back financial obligations they legally owed.   This causes a logical conclusion to be drawn [with a collector] that someone requesting a DV is possibly trying to avoid paying a debt.  Just as a lender is inclined to not provide credit to someone with a low FICO, or someone conditioned to not touch a hot stove after being burned too many times, or even someone who has dealt with too many bad CAs is apt to fight with them the moment they call. The effect is that the suit process [may] be accelerated by requesting a DV if you know you have no doubts about the debt/validity of the CA.  Monies owed are monies owed; the moment a line of credit is defaulted, that person is immediately at risk of having a judgement filed against them [if it is legitimate], regardless of whether it is 90 days down the line, or 2 years. Someone legally owing monies to a creditor should not harbor resentment should they become held legally accountable for repayment of those debts.

 

FDCPA, FCRA and various laws exist to protect consumers from fraud and abusive behavior, not as a method of delaying or avoiding paying monies legally owed.  This website exists to promote fiscal responsibility; as such, those tools should also be used responsibly.  Just sayin.


I suppose Congress establish the law which requires a CA to provide validation for a reason -- specifically, according to documents which establish congressional intent -- because of the overabundance of abusive, disreputable and irresponsible CAs. 

 

With that said, nobody is saying your CA is disreputable.  Read correctly, I only clarified a popular misconcention that a CA cannot sue until properly responding to a timely made DV request.  I am also stating -- to again clarify popular misconceptions -- that the documents you implied are necessary for a proper DV are, in fact, not at all required and, unless other conditions are met, do not even meet the requirements of a proper DV. 

 

I do believe that any CA who is quick with the trigger finger only because a debtor avails themselves of consumer protection laws leaves a lot to be desired.

IAALBNYL
Message 14 of 21
blaksun333
Valued Member

Re: DV Time Limitations

Hello Marinevietvet,

 

First of all, just wanted to thank you for your service in Vietnam.  My dad was a Navy SEAL in Vietnam and I am proud of all of our armed forces, current and retired.

 

Getting back to credit talk, please look at the following time line from my credit log:

**** I live in Texas*****

20 APR 10:  Mailed DV letter to CA via CMRR

23 APR 10:  Received signed CMRR green letter

24 MAY 10: Did not receive any kind of response from CA (as of 08 JUN 10 still zero response!) and proceeded to mail deletion letters to the three CRAs via CMRR; cited Texas Finance Code, Title 5, Chapter 392...

27-30 MAY 10:  CRAs accepted letters and received green cards thereafter

04 JUN 10: Received notice from Experian to submit further paperwork to confirm identity

 

In general, how long do the CRAs take to formally delete my disputed CA account?  Should I resubmit my deletion letters to TransUnion and Equifax with information requested by Experian to confirm identity?  This includes the following:

 

Full Name

Current mailing address

social security number

Date of birth.......etc...etc...etc....

 

Thanks for the help. Smiley Happy


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Message 15 of 21
MarineVietVet
Moderator Emeritus

Re: DV Time Limitations

 


@blaksun333 wrote:

Hello Marinevietvet,

 

First of all, just wanted to thank you for your service in Vietnam.  My dad was a Navy SEAL in Vietnam and I am proud of all of our armed forces, current and retired.

 

Getting back to credit talk, please look at the following time line from my credit log:

**** I live in Texas*****

20 APR 10:  Mailed DV letter to CA via CMRR

23 APR 10:  Received signed CMRR green letter

24 MAY 10: Did not receive any kind of response from CA (as of 08 JUN 10 still zero response!) and proceeded to mail deletion letters to the three CRAs via CMRR; cited Texas Finance Code, Title 5, Chapter 392...

27-30 MAY 10:  CRAs accepted letters and received green cards thereafter

04 JUN 10: Received notice from Experian to submit further paperwork to confirm identity

 

In general, how long do the CRAs take to formally delete my disputed CA account?  Should I resubmit my deletion letters to TransUnion and Equifax with information requested by Experian to confirm identity?  This includes the following:

 

Full Name

Current mailing address

social security number

Date of birth.......etc...etc...etc....

 

Thanks for the help. Smiley Happy


 

Thanks for the kind words and thank your dad on my behalf for his service.

 

I think I would also file a complaint with the Texas AG because you did not receive a response within the 30 days required by Texas law. I would wait 30-45 days to see if anything happens as far as deletions. I must tell you though that I'm not an expert in this area (or any area Smiley Happy ) having never done what you are attempting. All my negatives were dead of old age before I found these forums and learned about DV, GW, PFD, SOL, etc. Others can give much better advice.

 

 

From a BK years ago to:
9/09 EX pulled by lender 802
3/10 EQ- 800
4/10 TU -772

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Message 16 of 21
blaksun333
Valued Member

Re: DV Time Limitations

Thanks for the advice.  I submitted my complaint with the Texas AG.  Will see what happens and will update this post accordingly.


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Message 17 of 21
blaksun333
Valued Member

Re: DV Time Limitations

Hello Everyone,

 

Just received a response from TransUnion and the account came back as verified???????

I stated on my letter that the CA was in violation of the Texas Finance code....... and they still verified????

 

What can I do now?


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Message 18 of 21
MarineVietVet
Moderator Emeritus

Re: DV Time Limitations

 


@blaksun333 wrote:

Hello Everyone,

 

Just received a response from TransUnion and the account came back as verified???????

I stated on my letter that the CA was in violation of the Texas Finance code....... and they still verified????

 

What can I do now?


 

I would continue to pursue any possible relief through the AG of Texas. I'm not sure what else is needed. As I said I'm no expert in this area.

 

 

From a BK years ago to:
9/09 EX pulled by lender 802
3/10 EQ- 800
4/10 TU -772

You can do the same thing with hard work

Credit Scoring 101
Common Abbreviations
Frequently Requested Threads
Whats In Your FICO Score

 

 

 

Message 19 of 21
blaksun333
Valued Member

Re: DV Time Limitations

I want to thank all of you for your advice and support.  I finally was able to remove my last derogatory account from my 3 CRs by contacting ACA International as a last resort.  I advise everyone having trouble removing invalid accounts from their credit report by filing a complaint with the ACA.  Please note that the CA must be a registered member with the ACA.


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Message 20 of 21
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