Taking advantage of a recent widow?
My husband died almost four weeks ago. Earlier this week, I received a letter from "Dynia & Associates" in Chicago, in reference to a credit card debt of my late husband's from 2007. The text is:
"RE: Validation of Debt Documents
Original Creditor: GE Capital
Current Creditor: LVNV Funding LLC
Reference #: (account number)
Debt Balance: $1,239.96
D&A#: (some five-digit account number)
This letter is in response to your request for validation of debt that we received on 05/18/2012. We forwarded your request to our client and they have sent us the following documents:
Bank Statements for (husband's name)
If you have any questions, please contact our office."
What these "bank statements" are, are credit card bills, several of them, yet basically five copies of a statement from 4/20/07 with a balance of $688.80, and four copies of a statement from 7/26/07 saying the balance was $0.00 with a charge-off of the principal and a charge-off of the finance charges.
The debt was incurred originally when we lived in Iowa; we've lived in Minnesota since 2010. Don't debt validations have to be provided within days, not years? Did they somehow hear that my husband died and decided to see if I'd fall for a fake DV letter? What should be my response, if any?
Thanks,
Amy
Taking advantage?
No, the account is his alone. We lived in Iowa when the debt was incurred, and now I'm in Minnesota. This Dynia firm is in Illinois. I think Iowa's SOL is five years like Illinois, though Minnesota where I currently am is six years. Also, isn't "charged off" basically "over and done with?"
The only estate there is, is life insurance money. They aren't getting their hands on that. What is an FOAD letter? (Eff off and die?) What is CMRRR? (Is that certified mail, return receipt?)
Thank you so much!
As for timelines for a
As for timelines for a response to your DV, the FDCPA does not give any legal time limit...they simply cannot continue collection activities until they provide that information.
Either ignore them or send them a cease and desist if this was your spouses account only. It out of SOL.
Oops, SoapLady, I edited above
Is the SOL for Minnesota, where I live now, or Iowa, where we lived when the debt was incurred? Also, don't charge offs mean that's it, it's done?
questions amy
were you part of the account?what i mean is was this a joint account,or was this his alone?also are in chicago?here's the deal it smacks of bottomfeeder.unless there is some estate they can't collect on this as your husband died.btw it looks like the last payment was 04 of 2007.meaning even if your husband was alive it would be past SOL anyway(that is if you are in IL)i would get an FOAD letter with a copy of the death certificate to this bottomfeeder asap cmrrr.do not pay them,or worry about it.btw the idiot above me.stop it with the generic BS.not wanted here.
