I sent a DV in December-No response, but still on credit rep

hi Brooke, welcome!

OK, this one's actually not that difficult, at least it shouldnt be.

First, is the lawfirm that sent you the letter the same company that has reported the debt on the credit report? If not, then you are dealing with two different companies. If so, then your job just got easier.

Let me know that answer, and I can run you right through the process to fix their wagon. What you have here is more than just something hurting your credit--they could potentially owe you money for violating federal law. But we need some more details first....I also need to know if your debt validation request was sent out through the regular mail or if you sent it by certified mail. You always want to use certified mail when dealing with any collection issue, because a lot of these companies will look a judge in the eye and say "we never received any such request" when they know they did. Sending it certified will provide a record of the letter being received by them.

Get back to me and we can wrap this up for you.

Jon

Also, unless you are in the state of Texas, or I believe Florida(there may be some others), it soesn't matter how long they take to validate.

I am still waiting 2 years later for one!!

Do you know if this is an old debt, or a current one, or that it is even your debt?..Karen

I thought they had to reply within 30 days.

Thanks for the reply!
I sent it certified, and have the reciept from them-the original debt is Home Depot, and they apparently sold it, or hired, a law frim in my state to collect it.
I receieved what looked like legal papers, and in my distress sent out a dv letter to both, home depot, and the law frim-and have both reciepts!
I expected them to seek a judgement, because that's what the papaers stated, but I have heard nothing-at all!
The bill is in my husbands name, if it was a real debt, it would have to be years and years old. I cannot remember ever having a home depot credit card, and he is normally very on top of bill paying.
I checked our credit history, and aside from some very recent late payments (because he's temporarily disabled so, we juggle to pay bills) there's only this enormous amount, saying "in collection"
What do I do?
So frustrating and upsetting!

Thanks again!

I'm in NY.

About these 'legal-looking' papers... Have you contacted the court in question, to see if there's actually a case filed against you? I think I'd start there. FWIW, it's illegal for a CA to use any forms that would lead the 'least sophisticated consumer' to think they're from a court, if they aren't actually from a court.

As to the credit reports... You've sent them a DV letter, and have proof that they got it. Now dispute the tradeline with the CB. The collectors have to provide validation before they can continue to report it. That may get it off the report, although you may have to threaten legal action to do it. Be aware that if they do validate, that tradeline may well come right back.

The 30 day limit really is for Texas and another state or two. As long as a CA does not actively collect, they can wait forever. That is why Wulf suggested to dispute now with the credit reporting agencies because the FTC has made the opinion (and it is backed up with case law now) that verifying an account with the CRA is considered a collection attempt and that is where you get a definate violation you can use to see some action.

Be aware that some will just be difficult no matter what you do. These are the ones you may have to take to court to see any results.

Hey, every now and again the old Wulf gets it right.......