Debt not Validated, or on time, and being Sued
Date: Wed, 01/12/2011 - 07:19
First, they are under no legal obligation (in most states) to re
First, they are under no legal obligation (in most states) to respond to you within any certain timeframe. Second, they are also under no legal obligation to prove to you that they are within SOL, supply their license number or prove to you that they are licensed to collect in your state. Third, yes you can still contact the agency and try to work out payment arrangements. However, you have no right to demand anything at this point. And finally, you need to respond to the summons. Call the clerk of courts and ask them how to proceed. If you dispute the debt, you can ask for more detailed information (like the stuff you asked for in your letter) during the discovery process. If you know you owe it, call the agency and make payment arrangements and avoid court altogether. Do not skip calling the clerk of courts and finding out how you respond to the summons and do NOT not show up in court if you are required to do so.
I have a vague understanding of the pre-court stuff and admit to
I have a vague understanding of the pre-court stuff and admit to being a little confused about what works where and when. Now I'm even moreso.
If there is no obligation (and seemingly therefor no penalty for not responding) to respond and within a certain time limit why do the debt validation letters?
I agree he needs to contact the court and follow-up. It depends on the clerk/court how much guidance they will give you as to what you need to do.
For example, the reasoning I've encountered at times can prohibit telling you most anything except the most rudimentary info, like "what is the form number for Entry of Appearance", that wouldn't be considered advice. But something like how do I respond to a petition gets a little dicier. If you change that to "I want to respond to these charges is there a form I should use to do so"? Anyway, if they say they can't help you try rewording your question so that its not asking for an OPINION in any way. You can ask and should be answered as to questions of the status of the case and how many days statutorily till a possible judgment and things like that. They want to be very particular so that if something happens adverse to you, for example, you can't come back and say "you advised me to do that and now I'm screwed" basically. Some courts are more aggressive on this than others.
Anyway, I'll be looking forward to getting a better idea of the debt validation letter, when its appropriate and when its not, what to expect from it, etc. Is it only effective for 3rd party debts?
DV is generally used for 3rd party collectors. The benefit is th
DV is generally used for 3rd party collectors. The benefit is that, when you respond to the dunning letter with your DV letter (in a timely fashion) - all collection efforts are required to stop during the validation period. If the collector doesn't respond to you after you've DVed and have proof that they've received it, that's a clear violation of the FDCPA and you win. That's the point.
What the OP received sounds like proper validation to me. Unless the amount is being disputed, I'd work on a settlement offer. But, again, do NOT ignore that summons.
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15 USC 1692g ?? 809 (b)
(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.
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