I got a response to my DV letter..

Go ahead and file the extension (you may need to file multiple extensions as it may take them some time to get the required documents) You may wish to seek legal council as NAF is pretty one sided, each case has to be paid for and guess who front the money. It's like a paper paid judgment most of the time from what I've heard.

Also, when you seek council see if it might be possible for you to turn around their lack of validation to get you a default judgment if they can't produce.

A good place to start looking for attorneys is naca.net

How long can the CA take to send me the documentation? Is there a limited time?
Also, how many extensions can I file for?
I was hoping to settle (eventually) & eliminate the lawyer as the settlement is going to be costly, I'm sure.

Sorry, I might be repeating a question; however, what is NAF?

National Arbitration Forum

Here Ron, you can read more about it here:
http://budhibbs.com/consumer_news.htm

Maybe I am a little off here, but I am confused....

why do you have to file an extension when the CA is the one that cannot provide validation? At that point, how can they proceed with any kind of arbitration or anything else that is considered collection activity? Isnt that against fdcpa? Someone please explain this, makes no sense

Please tell me this is against FCPDA! I too am very confused that the CA doesn't have the pertinent info. on my case yet they say they own the debt. The NAF however has told me I can file an extension so I plan to but still wonder how many times I can do so. I've found out w/this CA & the NAF that I have to comply with their rules & regulations as well as go by "this form & that form" for it to be "legal." I have to look up all these forms & make sure I file the right one. It's a pain!

Go through the process. In the event that when the date comes and they can not provide the documentation then you win. But if they do and you are banking on them to not have it you lose. Keep all of your ducks in a row so you don't get blindsided.

I thinking legal council. See if you can use their inability to cough up the validation when they own the debt may be able to close this real quick. Besides they should be the ones filing for the extension now that the guest mentioned it.

grr....that was me too! I thought I was signed in....

I am curious to know the connection between this NAF and the CA. It seems to me like they are in this together. If you were in court over this, and you demanded validation, you would not have to ask for more time because they couldnt get the validation. That simply isnt how it works. Last time I knew the burden of proof was still on your accuser, so I just dont understand why you need to ask for more time for them to get their act together. But I would follow FYI's advice. Just remember, in order for it to be actual validation it MUST come from the original creditor. Dont let them bring in some itemized statement they threw together, or some affidavit signed by "an employee who knows your account history". None of that garbage is legal validation, so dont let them pull that crap on you.

oh, almost forgot--it doesnt matter if they own the debt or not--they still have the same level of responsibility either way to follow the law about validation. They own the debt, but they still need to contact the OC and get the documentation just the same as if they were hired by someone else to collect this debt.

I'm gonna jump thru the hoops that the NAF tells me to, just to stay on the "safe" side (if there IS such a thing.) for now as I will be out of town on business the entire month of March. I can't take the chance they will proceed w/o me present. I was rather surprised however, that the NAF sent me a letter (with a copy to the CA) that since there has been no attempt to validate this case before now, the CA is advised to do so. I'm just anxious to see how long it will take the CA to get the pertinent info. to me. The NAF stated I can ask for a 30 day extension but I don't know if that's AFTER I receive the info. or BEfORE. I want as much time as I can get so when I return home, I can seek legal counsel. I wrote before & asked if anyone knows how many times I can extend. Anyone know?

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