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30 days to validate?

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Anonymous
Not applicable

30 days to validate?

"If you dispute an item in the file a debt collector has on you, you must give the debt collector written notice. The debt collector is not required by law to cease collection efforts if you merely call the debt collector about your dispute. Written dispute of the debt is best accomplished by sending your complaint to the debt collector by certified mail return receipt requested. Keep a copy of all correspondence you send to the debt collector. The debt collector has 30 days after receiving your written request to determine whether or not the disputed item is correct.

If it is incorrect, it must be corrected. The debt collector must notify anyone who has already received a report containing the incorrect item. If, at the end of 30 days, the debt collector has not been able to determine whether the item is correct or not, he or she must make the change you requested and notify anyone who received a report containing the incorrect item."

I copied this from Texas AG site. Does this mean, they MUST validate within 30 days? I read on here that they actually don't have to validate within 30 days, but must cease collection activity until they do. I'm confused now, as usual.

Message 1 of 11
10 REPLIES 10
llecs
Moderator Emeritus

Re: 30 days to validate?



darrello wrote:

"If you dispute an item in the file a debt collector has on you, you must give the debt collector written notice. The debt collector is not required by law to cease collection efforts if you merely call the debt collector about your dispute. Written dispute of the debt is best accomplished by sending your complaint to the debt collector by certified mail return receipt requested. Keep a copy of all correspondence you send to the debt collector. The debt collector has 30 days after receiving your written request to determine whether or not the disputed item is correct.

If it is incorrect, it must be corrected. The debt collector must notify anyone who has already received a report containing the incorrect item. If, at the end of 30 days, the debt collector has not been able to determine whether the item is correct or not, he or she must make the change you requested and notify anyone who received a report containing the incorrect item."

I copied this from Texas AG site. Does this mean, they MUST validate within 30 days? I read on here that they actually don't have to validate within 30 days, but must cease collection activity until they do. I'm confused now, as usual.



The above statement is based on Texas law only. I think the 30 days applies to one other state, can't remember. For the rest of us non-Texans, 30 days does not apply.  Smiley Sad
 
I was born just south of Houston. Too bad there isn't some sort of legacy or grandfather clause that would carry this over to wherever I move to.
Message 2 of 11
Anonymous
Not applicable

Re: 30 days to validate?

Everything I have read said...they MUST validate with 30 days....of not...they have to delete...I'm going through a dispute with CFC...and I couldn't send the letter CMRRR...so I just send it regular mail..but they did send me a letter...stating they received my letter...and they were investigating...so they can't say they never received the letter...but I have heard anything...and it has been over 30 days...and they reported to the CRA...2 weeks ago...
Message 3 of 11
Anonymous
Not applicable

Re: 30 days to validate?

So would this apply...if you live in Texas...or if the debt was obtained in Texas...I'm from Louisiana..but moved to Texas...7 months ago...so would this apply???...
Message 4 of 11
Anonymous
Not applicable

Re: 30 days to validate?

I posted in another discussion that I had DV'd AFNI over 30 days ago, and they never responded. I sent them another letter recently and they said they do not have to respond to a DV if it's not within the first 30 days. I can't find where it says I have to dispute within 30 days. I have never received a letter from them, I just found it on my CR, but the debt is 5 1/2 yrs old.
 
Also, how do I find out if a collection agency has to be licensed in the state of Texas, I couldn't find it when I was on the AG site.
 
Slyhouse08, here's the link to the site. http://www.oag.state.tx.us/consumer/debt_collection.shtml
Message 5 of 11
llecs
Moderator Emeritus

Re: 30 days to validate?



slyhouse08 wrote:
So would this apply...if you live in Texas...or if the debt was obtained in Texas...I'm from Louisiana..but moved to Texas...7 months ago...so would this apply???...

Here's the statute info:
 
 
The 30-day requirement by Texas is located at Sect. 392.202(b)
 
IMO, if the debt is from TX and you live in TX, they have 30 days to validate. Once you receive notice that a debt is owed via a CA, you can send a DV. If they haven't reported to the CR yet, they cannot report once they receive your DV. If they do report, looks like they can continue to report through the 30 days of the DV. As I read it, the CA has 3 choices from a DV (for Texas only):
 
1) Deny the inaccuracy (your claim). If denied, they have until the 30th day to complete their investigation. Again, they can't report if they haven't reported yet, but can continue to report, if they already did. They also cannot engage in collection activities during the period. Upon the completion of the investigation, they have to tell you whether your claim was accurate or inaccurate. If inaccurate, they can then resume collections and report, if they haven't done so.
 
2) If they agree with you and cannot validate the debt, then it becomes inaccurate and they must stop all collections and cease reporting within 5 days.
 
3) They can say they don't have enough time, at which the CA must change everything in their records and reporting, if they are, to reflect how you show it should be reporting. They must send the result to you in writing and cease all collections.
There's more stuff in there. A good read. Maybe, since I was born in Texas, I have dual citizenship between the Republic of Texas and the Commonwealth of Virginia.  Smiley Tongue
Message 6 of 11
Anonymous
Not applicable

Re: 30 days to validate?

llecs, did you find anywhere if a debt collector has to be licensed in Texas, and how do I find out if AFNI is?
Message 7 of 11
llecs
Moderator Emeritus

Re: 30 days to validate?



darrello wrote:
llecs, did you find anywhere if a debt collector has to be licensed in Texas, and how do I find out if AFNI is?


Bond requirements:
 
§ 392.101.  BOND REQUIREMENT.  (a)  A third-party debt collector or credit bureau may not engage in debt collection unless the third-party debt collector or credit bureau has obtained a surety bond issued by a surety company authorized to do business in this state as prescribed by this section.  A copy of the bond must be filed with the secretary of state.
 
License search:
 
 
Note: you actually have to click "Search" rather than pressing enter. Looked up AFNI. No results. However, if you search in the "State" field for Illinois, you'll find AFNI or Anderson Financial Network, Inc.

Message 8 of 11
llecs
Moderator Emeritus

Re: 30 days to validate?

BTW, if you find a way to get AFNI off your reports, let me know. I have a stubborn Nextel debt I'm trying to kill off. This is my last CA.
Message 9 of 11
Anonymous
Not applicable

Re: 30 days to validate?

I'm trying like heck! This is the last baddie on my EQ and they will not budge, that's why all the questions about licensing, and the 30 day validation. I'll let you know how it turns out.
Message 10 of 11
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