She has various ways to determine the asserted source of the debt, and thus ability to evaluate its asserted legitimacy, that depend upon various scenarios.
First, since the debt collector has reported a collection, she can file a dispute of accuracy of the reported collection/debt.
However, a dispute of credit reporting under the FCRA requires that she provide some basis for the assertion of an inaccurate debt.
Since she is apparently not yet prepared to factually contest the asserted debt, as she states she may have co-signed on a loan with her ex, I would wait until she has basis for factually contesting the legitimacy of the debt before filing a dispute.
Second, the FDCPA establishes, under section 809, a debt validation procedure wherein a consumer can send a request to a debt collector for validation of an asserted debt and for disclosure of the name of the original creditor. The name of the original creditor will likely provide the necessary reminder of the loan needed to determine its validity.
DV requests do not require any showing or assertion of a specific inaccuracy in reporting, and thus would likely be the next, appropriate step. All that is required is that she send a letter to the debt collector requesting validation of the asserted debt under the provisions of FDCPA 809.
However, there are two problems with a DV at this point.
First, a DV does not compel any response from a debt collector. A DV request, if timely, only imposes a cease collection bar on the debt collector, which then remains in effect until such time as they choose to send validation and provide the name of the original creditor. She will thus not guarantee any response within any set period.
Second, a DV request is timely only after the debt collector has sent a formal collection ("dunning") notice, which sets a 30-day period within which the consumer must send a DV request in order for it to be timely.
The debt collector has apparently not yet sent a dunning notice?
A debt collector is required to send dunning notice within 5 days after initiating communication with the consumer. Sending of dunning notice then triggers the right to send a DV request.
I assume that the debt collector has not sent any communications to her regarding the debt?
At this point, she needs more info of the ability to send a timely DV, both of which currently appear to be lacking......
Perhaps an informal call to the debt collector will result in their providing the name of the original creditor.
Her "mortgage guy" was incorrect in stating that simply calling the debt collector will reset either the SOL or the credit report exclusion date of their reported collection. Just do not make any admission of legitimacy of the debt, and only make inquiry for the name of the creditor.
