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30 days to verify

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Lasardo
Established Contributor

30 days to verify

I have been rebuilding and getting rid of many posting that we're all medical. Now I have a new collector that was rude for starters, I have 30 days to verify or the debt is considered valid. I asked them to consider payments, no, they want it paid within 30 days or it will post to my credit...all that work for this? I even called to OC and asked them to pull back from the CA but was advised they usually did not grant such requests.. My concern is by calling the CA did I make a mistake? Should I have waited for the dunning to dispute? The debt is valid according to the OC but I need to by some time more than anything so I can pay this. I have not had to go as far as HIPAA etc on my other disputes but a lot were old. What link gives more info regarding HIPPAA as far as order. ? Any ideas are welcome and appreciated.
CS 728- 01/13 from 554-12/11
Goal: 800
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1 REPLY 1
RobertEG
Legendary Contributor

Re: 30 days to verify

If you send a DV within the 30-day period for verification set by their dunning notice, it imposes an automatic cease collection bar that prevents them from continuing collection activity, including reporting to the CRAs, until such time as they have provided the requested debt verification.

 

The "it will be presumed valid" statement is part of the statutory provision for dunning notice (FDCPA 809(a)), and is just that....  a presumption on their part.

It is not a basis for establishing its validity in court, and is not something to be worried about.

 

If, in addition to seeking verification of the debt itself, you have other issues concerning the accuracy of any reporting on their part, you can additionally pursue a dispute under the FCRA.

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