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Debt Validation-Past 30 Days


Morgan
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I hope someone can give me guidance on this.

I have one credit card account in the amount of $8,000 (state of CA) that has gone to collections. They sent me the notice of my debt which gave me 30 days to validate it. Unfortunately, the 30 days has past and I didn't send in my letter asking them to validate. Am I now screwed? What can I do?

I've attempted to make arrangements with them to pay $200 a month, but they won't accept it. They just keep badgering me on the phone to get a loan from friends or family, etc. I've told them that is not possible and I have no means to acquire the money since I am unemployed and have no assets whatsoever.

Any advice on this situation would be appreciated.

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Thanks for responding so quickly. I'll be sending that letter today. Also, I've attempted to look at that website you suggested http://www.nascio.org/stateSearch/displayCategory.cfm?Category=regulation and I can't figure out if they're even allowed to collect in my state (CA).

Am I to understand that if they don't have a license in my state, they can't collect my debt? How is that possible? Wouldn't collection agencies need to have licenses in all 50 states then? I know that they are licensed in NC and TN, but I am dealing with their office out of MA. Very confusing!

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No, it's for consumer protection that a CA be licensed in your state. Also, many states have very different laws, so it makes sense to require a license in any state they are collecting in so state laws and procedures are not violated.

Some collection agencies operate in one state only, some in several, some in all. They are hoping you don't catch them.

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  • 2 weeks later...

As for your second post,some state do not require a DC to be liscensed,or bonded,the State of Georgia being one of them,,, however, Under the Official Code of Georgia,any collection agency that handles over 20 accounts per month are required to post a $50,000 bond with the Secretary of the Court in the County of there principal place of business

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georgia, the FDCPA says that within 30 days of receiving the first letter, you may request debt validation. The problem is that lots of people don't get that first letter.

This is the way I read it, and yes, this is my interpretation, but....

If the CA can't prove that they sent you the initial 30-day letter, then a) they are in potential violation of the FDCPA and B) since they have no proof, the 30 day time limit starts when you first discover the collection. They cannot prove otherwise that the date the letter is postmarked is the date you discovered the collection.

So, if they can't prove they sent the letter, the 30 day period can be initiated by you when you request validation for the first time.

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I read it that way too.

§ 809. Validation of debts [15 USC 1692g]states that "Within five days after the initial communication ...blahblah 30 days to dispute the debt or any portion thereof."

The term communication is defined in section § 803. Definitions [15 USC 1692a] as "The term communication means the conveying of information regarding a debt directly or indirectly to any person through any medium."

So, in essence, if I didn't get a letter from them, the "initial communication" would start when I look at my credit file because it states "trough any medium". Of course, we also have the good ol'd "© The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. "

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<blockquote>Originally posted by admin

georgia, the FDCPA says that within 30 days of receiving the first letter, you may request debt validation. The problem is that lots of people don't get that first letter.

This is the way I read it, and yes, this is my interpretation, but....

If the CA can't prove that they sent you the initial 30-day letter, then a) they are in potential violation of the FDCPA and B) since they have no proof, the 30 day time limit starts when you first discover the collection. They cannot prove otherwise that the date the letter is postmarked is the date you discovered the collection.

So, if they can't prove they sent the letter, the 30 day period can be initiated by you when you request validation for the first time.

</blockquote>

Lady Admin I agree with your point, my point is this, Sect 809© FDCPA The Failure of a consumer to dispute the validty of a debt under this section may not be construed by any court as an admission of liability by the consumer..If it cant be construed by a court of law,DCs shouldnt construe it as being your debt either. DCs almost always claim in there communications that if you fail to dispute then the debt is valid, there wrong. Furthermore, You meen to tell me people acutally receive collection notices,,,, hmmm I dont ever recall signing for anything. :)

P.S.

"You MAY request" now I dont see where that term in any shape form or fashion tells me that I HAVE to request it at that time lol.

hmmm I MAY be a Doctor

I MAY be the first person to go to Mars.

I MAY be a unedicated consumer who just dosnt know the law.

"May" dang im beginning to like that word. :eek:

[Edit by georgiaboy on Wednesday, August 14, 2002 @ 03:41 PM]

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