collectors do not need to validate?

If you're DV is untimely (outside the 30 day window) collection efforts do not have to cease and they do not haev to respond but they must mark the tradeline in dispute if they are reporting. Texas is the only state I'm sure of that allows for DV's at any time.

No. The 30 day time period is about stopping the reporting of negative information to the credit agencies. If you file before 30 days then they can not continue to report negative info to the credit agencies without violating the fdcpa and the FCRA. If you send it after 30 days then they can still report with no recourse but they must validate the debt with the info requested by you before they continue to try to collect from you. Also if you attach a partial CD then they can not contact you by phone and they have to use mail only.

The CD and DV can be sent at any time and still be very effective. I didn't realize they had to mark it as in dispute if sent after the 30 days. The CD letter is the most effective part because it will make calling you illegal and then you make them either validate via mail or sue. If they sue they will have to produce the same documents it takes to validate to win the suit so one way or another they will have to validate or give up.

Unfortunately though, if you DV is untimely, they do not have to validate and they do not have to cease collection efforts. And if adding a "limited C&D" to your DV, they will either ignore or take as a full cease comm.

I spoke to a lawyer a few days ago and he said that all they have to come up with to validate is a piece of paper that has a name, account number and a balance due on it and it will be considered validating the debt. I'm in Minnesota. Is that true??? That seems unfair and if that is the case how is everyone else able to have judgements dropped because not enough info was supplied to validate the debt?

I think that must depend on the CA then because I have sent partial CD and DV letters well after the 30 days and had them quit calling me but still attempt to validate via mail. I live in Kentucky. I would have been just as satisfied though if they took it as a full cease comm. I never looked at my CR to see what they were putting on it. Eventually that particular agency sold my debt and now a new agency has it but I have yet to receive any written comm from this new agency. So far I have only had 2 phone calls in over 3 months. I have not DV'd or CD'd this new agency yet.

In my opinion about the fdcpa that is true to satify validation according to the FDCPA title 809 but you can then dispute that information as inaccurate also according to title 809 and you can dispute the amount as inaccurate and require justification of the amount according to title 809 and 808. Also keep in mind that the info required to validate according to the FDCPA is very weak evidence wise if they sue you. Basically them generating a piece of paper that has a name, account number and a balance due on it will not work as proof that the debt is owned by you and the amount is correct in a court room.

ok the statements made on here are still vague and it appears many do not agree with each other.....
Hypo: x sends a DV to CA to have his collection account removed from his credit report. the 30 days has already passed so the DV would not be timely. does the CA have to respond? if the CA has to respond what happens if they dont? How can X have the account removed if no response is given? (California State)

In your example I would DV the CA and dispute the item with all three credit reporting agencies. Disputing it with the CR's would force them to either respond to you, respond to the CR's or remove the item from your reports.

If they respond to you with some bogus evidence like they normally do then DV them again citing that you dispute whatever they sent you as proper validation and dispute it with the CR's again stating that the that the CA could not validate.

If they respond to the CR's and not you then dispute it with the CR's with a copy of your DV letter and the return receipt requested attached stating that you requested validation but they have not provided.

Thats were I would start at least. I don't know if this will successfully get the items removed from your report. I think you would probably have to sue them for violations of the fdcpa and the FCRA before they actually quit reporting or you could always settle which is the route I have always gone once I got an offer I liked.

Again in my experience the 30 day time period in the FDCPA really never became a factor. I have DV'd a few places and it has always been after the 30 days was up. After I DV'd them they always made an attempt to provide documentation but it has always been unsatisfactory. Usually what I get is a copy of a few months of statements and a letter stating the creditor and the amount. I always ask for the original contract and calculation of how they got from my last statement to the amount they are reporting and I never get these.

I would only DV and dispute if you are past SOL depending on the amount of the debt. If it is significant, it might trigger a suit. Always lay low and stay under the radar while they have legal recourse. JMHO.

Does that mean that if they say i owe them $1100, then me sending a DV letter to them can trigger a lawsuit by them??

If you are still w/in SOL for your state.

so what happens when the collector never notifies you of the collection, so you never get notice of the 30 days to dispute? I think that for any such claim by the collector that the time has expired to invoke these rights, they should have to prove that they duly notified the debtor. I have one CA right now, for example, on my credit report thats been on there for several months. I never knew they were even on there at all until I pulled my credit report this month! So, what happens when there is no notification? They are supposed to send you notice of rights within 5 days of placing this on a credit report, but I got nothing at all, no letters and no calls!

You have a good point guest, that's something I've often wondered myself. As shady as some of these CA's are, what's to stop them from saying they did something, they didn't? If a debtor requests validation, and ends up in front of a judge, it's practically mandatory that there must be a return receipt proving that letter was sent to the CA, or it never happened in the courts eyes, however, on the flip side, all it takes is the word of the CA that the creditor was sent the dunning letter and didn't respond within the 30 day window and that's automatically accepted? How is that fair? :?

A CA will never have to prove they sent a dunning letter outside of court, only that they have a system in place for sending such letters out.

I'm quite sure, but it still bites! :?

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I totally agree with this. As the saying goes "Let a sleeping dog lie." If you DV and dispute you will deffintely get the CA after you. That is why I only DV and CD. My goal is typically just to stop them from calling me every day. At this point I am not concerned about my credit score which is really the only reason to dispute with the CRAs. If they are not calling or mailing then I do nothing. If I get sued then I will dispute with the CRAs also.