what is my next step?
Date: Thu, 09/20/2007 - 03:43
37 days ago I wrote a DV letter to a law office that contacted me telling me that they repreent Sears and that I need to pay on a credit card bill that I stop making payment on back in April 2005. The threatened to sue me and to garnish my wages.
Two weeks after receiving the DV letter that I sent they back to me telling that they were trying to validate the debt.
Now that 37 days has past, 7 more days than what I gave them in my DV letter, should I write them and tell them that they failed to verifiy the debt and that this means that the debt is invalid? What does it exactly mean that to mean now that they failed to verifiy the debt?
Please advise;
Thank you
I am under the impression, that if a debt can not be validated ,
I am under the impression, that if a debt can not be validated , the Ca can no longer legally try to collect
Yes it is correct....under the fdcpa, until and unless the debt
Yes it is correct....under the fdcpa, until and unless the debt collector validates the debt, he cannot make any attempt to collect that debt.
Take care
Nelly
Under the Fair Debt Collection Practices Act ("fdcpa") the colle
Under the Fair Debt Collection Practices Act ("fdcpa") the collector can simply not respond at all, so long as collection attempts have ceased. I would also check your state law on collections, ect.
And although all of this is in fact law unfortunately CA's don't
And although all of this is in fact law unfortunately CA's don't always follow them! I sent CACH at least 3 maybe 4 (forgot now) DV letters and NEVER heard back from them and they continued to show up on my credit report. Now if i understand correctly if they do sue u can use this as a line of defense in ur case! That they never validated ur debt.
Good Luck,
Ang
Thanks
Thank you all for your responses. One last question, please. Do I need to write to them and tell them to that since they didn't validate in the 30 days (and more) period that I've given them, that they need to close my account because it is an invalid debt and that I don't owe them a thing. Or just sit tight and forget all about it?
Any letter that applies that you recommend which you've ran into.
Thanks a million.
Good question. I think I might sit tight, or send them another D
Good question. I think I might sit tight, or send them another DV letter before I asked them to close out the debt. This way you have evidence that you attempted multiple times to validate the debt if they decide to take you to court.
Law student is right, you need to check out your states laws. U
Law student is right, you need to check out your states laws. Unless you live in a state like, I believe is Texas, and may be Florida- there is no time limit they have to validate.
When they contact you, you have 30 days to dispute and ask for validation.
Which agency are you dealing with- is it LVNV? If so, forget about them properly validating!
Good Luck..KAren
I know that I'm new and this may be rudimentary advice, but just
I know that I'm new and this may be rudimentary advice, but just want to make sure that you keep all copies and send everything certified mail return receipt requested so that you have a written record of the timeline, i.e. when they received your letter, etc. etc.
Good luck! :)
I think that is great advice njbetty. Documentation is the most
I think that is great advice njbetty. Documentation is the most important thing when it comes to trying to fight something in court, etc.
Thank you all. I will send another validation letter to them. I
Thank you all. I will send another validation letter to them. I do send everything certified and with return receipt. I plan on writinge down any response I receive from them annd when they send it.
Thanks again.
nasser nasser
Hi guest Certified mail gives the sender the proof of deliver
Hi guest
Certified mail gives the sender the proof of delivery. One should always use certified mail when he or she knows that the addressee might deny of receiving it. It is also a viable option when you have to prove to someone that you did mail the envelope and the addressee had received it.
Take care
Nelly