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Confused on DV Letter

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Anonymous
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Confused on DV Letter

Are they effective even if you send them after 30 days from initial contact? Are they still required to respond if you send them later on?
Message 1 of 16
15 REPLIES 15
Anonymous
Not applicable

Re: Confused on DV Letter

Medical collection are different!!!   Other debt.....If already reported on your CR....the CA has 30 days to answer a DV......they can continue to report during that time but not after the 30 days until they answer.

 

Always know your SOL so you do not end in court!  If you dispute or send a DV  have the money ready if with in SOL.

Message Edited by HappyDays on 10-13-2008 09:15 AM
Message 2 of 16
Anonymous
Not applicable

Re: Confused on DV Letter

Are you saying that if the debt is within SOL and you send a DV, it is more likely that they will sue?

 

SO a CA has 30 days to respond to a DV letter, even if you send the DV letter months after their initial contact? 

Message 3 of 16
Anonymous
Not applicable

Re: Confused on DV Letter

Correct!!!   They usually file suit if you owe a nice amount!

 

If you receive a dunning letter from a CA and they are not reporting yet....you have 30 days to answer that letter.   When they are reporting it works the other way....they (CA) has 30 days to answer your DV.

 

A creditor can file a lawsuit at any time within SOL!!!!!   Then can file when past SOL but can not win IF you answer the summons and appear in court!

Message 4 of 16
Anonymous
Not applicable

Re: Confused on DV Letter

It's not so cut and dry.

 

The CA must have purpose and hope to win in order to file suit.

 

The CA MUST file suit where the consumer resides - if they don't, you hire an attorney to fight it, and the CA gets the suit dismissed and picks up the attorney fee.

 

Anyway, to aswer your initial question: how would the CA prove they received your DV after the 30dd window? did you sign a USPS Return Receipt?

 

 

Message 5 of 16
Anonymous
Not applicable

Re: Confused on DV Letter

demed you are incorrect!!!!!!!!!!!!!!!  they can file suit in the state where you received the credit OR where you live now!!

 

They usually do so where you live but not if the original state has a longer SOL!

Message 6 of 16
Anonymous
Not applicable

Re: Confused on DV Letter

NO!  what I am saying is......a debt may sit on your CR for many years until it falls of. If you dispute or send a DV  it notifies the OC or CA that you know about it & they may file suit.

 

If you owe a small amount it might cost them more to file a suit. So they just keep reporting & do not sue. BUT they have a right to file for any amount.

Message 7 of 16
Anonymous
Not applicable

Re: Confused on DV Letter

They might try to file suit where the contract was signed or where the consumer resides - unless is an oral agreement - many, if not most, medical collections fall under oral agreements:

 

Section 811 provides that a debt collector may sue a consumer only in the judicial district where the consumer resides or signed the contract sued upon, except that an action to enforce a security interest in real property which secures the obligation must be brought where the property is located.

[...]

Where services were provided pursuant to an oral agreement, the debt collector may sue only where the consumer resides. He may not sue where services were performed (if that is different from the consumer's residence), because that is not included as permissible forum location by this provision.

 

 

 

Message 8 of 16
Anonymous
Not applicable

Re: Confused on DV Letter

Ooops! I just realized babalaco didn't mention medical, HappyDays did.

 

But it doesn't change things much, CA has the right to sue where the contract was signed - hopefully you signed and reside in the same state. And more hopefully, they don't really want to sue.

 

 

 

 

Message 9 of 16
RobertEG
Legendary Contributor

Re: Confused on DV Letter

Section 816 of the FDCPA states that the act does not, in most cases, superceed state law.

Check out your state laws.

Message 10 of 16
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