What is Considered a Proper Response to DV?

Was the loan legal?

What state are you in?
Who's the lender?
Who's the collection agency?
Was this an internet loan?

Hi rolentx,

A proper debt validation is the one where the collection agency is able to provide you with the copy of the original signed contract between you and the creditor or the lender, statement showing your outstanding debt, and also the proof that the collection agency has been given the right to collect on this debt.

Mostly, the collection agency doesn???t provide you with all of these documents. They may provide two or one. But it has to be any one of these, otherwise it is not at all a proper validation.

Thanks,

Marvel Becks

[COLOR=black]There is NO statutory requirement for any documentary evidence to support debt validation under FDCPA 809(b). What constitutes proper debt validation is pretty much up to the courts to decide.[/COLOR]
[COLOR=black]FDCPA 809(b) simply states that the debt collector must cease collection of the debt ???until the debt collector obtains verification of the debt??? and a copy of such verification???.. is mailed to the consumer by the debt collector.??? The statute does not define what constitutes ???verification,??? or how the debt collector ???obtains verification of the debt.??? Interpretation, unfortunately, is thus left to the courts. [/COLOR]

[COLOR=black]There are of course guidelines issued by various legal jusridictions, some binding precedent within their jurisdictions, and others not, as to what constitutes proper ???verification??? under the FDCPA. Some require information usually required only in a legal discovery process, such as documentation from OC records proving the owing of the debt, while others state simply that a statement of the components of the debt is adequate. The issue has never been decided by the Supreme Court, so there is no uniform legal standard.[/COLOR]
[COLOR=black]The FDCPA says that they must cease collection efforts after receiving a timely DV, and may not resume until validation is sent. So when debt verification is provided by a debt collector, it is their opinion that they may resume debt collection. If the consumer disagrees, he or she is free, of course, to seek litigation of the issue. The matter wont be administratively determined by the FTC, and is not subject to the dispute process under the FCRA, as it does not go to the inaccuracy of items of information reported to a consumer's credit file.[/COLOR]
[COLOR=black][FONT=Verdana][/FONT][/COLOR]
[COLOR=black] Validation is not what the consumer says it is, nor is it what the debt collector says it is. Proper debt validation is what the COURT says it is[/COLOR]