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I was just served papers for a suit from Portfolio Recovery for a charged off HSBC / Capital One account for $1xxx. I pulled my credit report and see that they also hold one other account that's about half as much, but it isn't mentioned in the papers. I was expecting to be served because I have already received several solicitation letters from attorneys and found a record of the court date online, which happens to be the morning after Christmas.
My question is, if I send a DV letter to Portfolio Recovery, what level of detail should I ask for and how much do they have to provide? Since the court date is only a few weeks away, what if that date comes and goes without a response? The papers I was served included a basic bill of sale from Capital One with a total amount due and another showing the debt went to Portfolio Recovery.
My questions might have been answered here before, but I have spent awhile reading the forum without finding the info I was looking for.
First, a DV request is only timely if it is sent within 30-days after receipt of the collection ("dunning") notice from the debt collector.
If they sent dunning notice more than 30-days ago, a DV request would be untimely, and could simply be ignored.
Second, even if timely, a DV request under the FDCPA does not impose any requirment to send validation within any period.
A timely DV only imposes a cease collection bar, which prevents continued collection activities until they first send the requested validation.
Third, what is requried to comprise adequate validation is subject to interpretation. The courts have generally held that they do not need to send documentation, they need only investigate and provide a statement that they have found the debt to be legit. You will find some appellate case law that interprets FDCPA 809(b) as requriing some documentation, but that is not the norm.
Ultimately, since the issue of adequate validation is subject to interpretation of the statute, it is left to the judge in your civil case to make that determination on a case by case basis. However, if you challenge the adequacy of validation in court, you are likely to be asked whether you consider the debt to be legit. If you answer yes, then you have no basis to request validation under the FDCPA, and the issue will be moot.
If you do go to trial, are you planning to contest the legitimacy of the debt, or would you be asserting some administrative provision that delays trial on the merits?
Much of what you should do depends upon your planned defense.
If unsure, you should consult with an attorney for options.
Well, here's the deal. I believe I do owe the debt, although I admit I despise paying it to Portfolio Recovery. I've been in financial straits for a couple of years, in no small part due to my health which has had a big impact on my earning ability. Literally just yesterday a close relative received a modest windfall and they're willing to loan me to money to pay this off, so that's an option I could do before the end of the week if that is the best option at this point. Part of what I'm concerned about is them coming after me right away for the second, smaller, account right away f I pay this one, but I guess that's a bridge I'll have to cross when I come to it. From what I've read here in the past it's probably better to pay the full amount rather than a reduced settlement (which I doubt they'd even offer at this stage), correct?
Because this is only one of several negatives on my report I have seriously considered bankruptcy, but I am afraid I would stand to lose too much. I'm not positive I would be able to full protect my home (fully owned, no mortgage, with my fiancée on the deed) and I also own a small amount of acreage on a farm that has been in the family since it was homesteaded about the end of the Civil War. My legal residency is in another state where we have a cabin in a community that is membership based, so that's not considered real property, but I'm not sure that makes much difference in this situation.
Strategically, there's really no reason to ever admit to anything. Always make the other side prove that you owe them money. - Which is in doubt, considering that you may have owed someone else money... but certainly not them. Sure, there's a way for them to legally assume debt; but, they're absolutely obligated to have to prove these things, which is also uncertain. If you just agree to some suspect second hand accounting, you set a terrible precedent for continuously going after you for more.
Since you have assets to protect, I would definitely consult with an attorney, for your most prudent course of action.
Nevertheless, most states provide a homestead exemption.