Internet's first get-out-of-debt community - 136,000 members

Posted: Tue Aug 12, 2008 2:13 pm Subject: My DV Letter

I mailed my DV letter yesterday, by cmrrr. How long should i wait till they respond? What happens if they don't respond within 30 days? Is the debt still valid even if they don't respond within 30 days?

Guest · Posted: Tue Aug 12, 2008 2:17 pm Subject:

Very rarely will they respond within 30 days. I normally wait 45-60 days, then send a second request.

Posted: Tue Aug 12, 2008 2:20 pm Subject:

If they don't respond to the first request, the dbt is still valid or can i dispute the debt not being valid?

Posted: Tue Aug 12, 2008 2:30 pm Subject:

I am really not sure about that but it is a good question. I would think that if you have proof of requesting validation within the 30 days of the letter you receive, you could probably challenge it. I am currently dealing with a similiar situation and am hanging tight.

Posted: Tue Aug 12, 2008 4:48 pm Subject:

in nearly every state, there is no set time limit for them to respond. Now, if you live in Texas, then all they get is 30 days to respond--after that, if they dont get back to you with validation in 30 days then they cannot collect on it. But the federal law(fdcpa) gives no time limit.

Guest · Posted: Tue Aug 12, 2008 5:18 pm Subject:

How would one find out the laws regarding that type of situation in any other state?

Posted: Wed Aug 13, 2008 3:25 am Subject:

Hit your state legislatures website. What state are you in?

Guest · Posted: Wed Aug 13, 2008 5:17 am Subject:

New York

Posted: Wed Aug 13, 2008 5:24 am Subject:

Guest · Posted: Wed Aug 13, 2008 7:16 am Subject:

Thanks for the info. It certainly does help to know where you stand from the get go.

Posted: Wed Aug 13, 2008 8:49 am Subject:

If they sent you a dunning letter and you responded in a timely manner i.e. within the first 30 days with a DV letter then they are not required to respond within a set amount of time but they are required to quit all collection activity until they respond. This means if they are reporting negative information to the 3 CRAs then they are violating the FCRA. Keep record of it and uses it against them to put pressure on them to drop all claims against you.

Posted: Wed Aug 13, 2008 5:49 pm Subject:

what is considered reasonable validation by the courts? Is a credit card statement considered validation of debt?

Posted: Thu Aug 14, 2008 6:16 am Subject:

Even though the validation requirements of the fdcpa are weak they are still very clear. Either a copy of the judgment or the name and address of the original creditor would be considered validation per FDCPA as shown below but those aren't enough evidence to win a judgment in a court room so if that is all I get as validation then I dispute it again. Just as a side note I have yet to receive those as validation. Usually they just send a bunch of statements. I always push for a signed contract and a breakdown of the charges which I have yet to receive on any disputes I have made.

From the FDCPA

§ 809. Validation of debts
(a) Within five days after the initial communication with a
consumer in connection with the collection of any debt,
a debt collector shall, unless the following information is
contained in the initial communication or the consumer has
paid the debt, send the consumer a written notice containing—
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days
after receipt of the notice, disputes the validity of the
debt, or any portion thereof, the debt will be assumed
to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector
in writing within the thirty-day period that the
debt, or any portion thereof, is disputed, the debt collector
will obtain verification of the debt or a copy of
a judgment against the consumer and a copy of such
verification or judgment will be mailed to the consumer
by the debt collector; and
(5) a statement that, upon the consumer’s written request
within the thirty-day period, the debt collector will
provide the consumer with the name and address of the
original creditor, if different from the current creditor.
(b) If the consumer notifies the debt collector in writing within
the thirty-day period described in subsection (a) that the
debt, or any portion thereof, is disputed, or that the consumer
requests the name and address of the original creditor, the debt collector shall cease collection of the debt,
or any disputed portion thereof, until the debt collector
obtains verification of the debt or any copy of a judgment,
or the name and address of the original creditor, and a copy
of such verification or judgment, or name and address of
the original creditor, is mailed to the consumer by the debt
collector. Collection activities and communications that
do not otherwise violate this title may continue during
the 30-day period referred to in subsection (a) unless the
consumer has notified the debt collector in writing that the
debt, or any portion of the debt, is disputed or that the consumer
requests the name and address of the original creditor.
Any collection activities and communication during the
30-day period may not overshadow or be inconsistent with
the disclosure of the consumer’s right to dispute the debt or
request the name and address of the original creditor.
(c) The failure of a consumer to dispute the validity of a debt
under this section may not be construed by any court as an
admission of liability by the consumer.
(d) A communication in the form of a formal pleading in a
civil action shall not be treated as an initial communication
for purposes of subsection (a).
(e) The sending or delivery of any form or notice which
does not relate to the collection of a debt and is expressly
required by the Internal Revenue Code of 1986, title V of
Gramm-Leach-Bliley Act, or any provision of Federal or
State law relating to notice of data security breach or privacy,
or any regulation prescribed under any such provision
of law, shall not be treated as an initial communication in
connection with debt collection for purposes of this section.

Posted: Tue Sep 09, 2008 12:26 pm Subject:

Well I got the DV Letter yesterday, they provided some information that is correct. What do I do next should I continue to dispute the debt? Or do I try to settle the debt?

Posted: Tue Sep 09, 2008 12:42 pm Subject:

If you know the debt is yours and if the debt is not really old or out of SOL then it would probably be best to settle if you have the money especially if they validated properly. If you don't have the money and/or the validation was weak then dispute it again. You can continuously dispute the amount and request statements showing how they calculated the amount. You can also keep asking for a signed contract. I never receive either of those on my disputes and both would be required as evidence in court if this debt ever makes it that far.

*Name:
*Email:
*Phone:
*Zip:
*Debt

	* denotes required field

Internet's first get-out-of-debt community - 136,000 members

My DV Letter

Members Area

Free Debt Counseling

Ask the community

Also See

Featured Discussions

Featured Articles

Recent Forum Discussions

Recent Blog Post