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New debt validation flowchart

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Awesome! This helps so much...I was wanting to ask on the process of doing a dispute but taking the time first of going through the site to see if I could find the answer first...this HELPS SO MUCH! Thanks....now to write up the disputes and send out, we'll see what happens from there!

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Thanks for posting the Debt Validation chart. Too bad the CA I'm dealing with didn't see or use it. They filed suit against me the next day after receiving my letter of dispute.

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This flowchart has been updated as of May 12, 2009.

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This is a GREAT chart. I have one question regarding it. If a CA is reporting a debt past SOL, but not past the 7 year period yet, can you still send zombie debt/intent to sue? I thought it was perfectly legal to report up to the 7 year mark.

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I sent out several validation letters to mulitiple collection agencies. one of which came back as return to sender. I have not recieved a response from any of the ten collection agencies yet. It has been more than 40 odd days. What do I do next??????????? can some one please help me????????

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Hello, I sent a DV letter to CCI about a h2o bill for our home that was foreclosed on in Jan. We left the home in March but they read the meter in May 2009. As validation, they sent a copy of my last bill (generated from the May reading). Is this sufficient?

What do I do next?

Motherofkandb

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I would really like to read an answer to the question above. It was posted in November of 2009, and know replies. I have the same kind of question.

What if during the validation process the CA sends some stupid invoice for validation just to send something? Keep up with the workflow sheet as "No, Not validated"?

Jen

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Very nice chart!

This is a big help, visual is good! As I read through the site not all makes sense but the chart is easy to grasp.

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That's extremely helpful! I was going to ask today about getting started and there it was!

One silly question before I do something even more silly, as far as disputes go, who do you dispute with first - the CA or the CRA? All my stuff is 3-4 years old and the CAs haven't contacted me in a while. Is it safe to assume I'd start with the Big 3?

Thanks for your patience, I'm ridiculously new to this whole thing (didn't even know I could do anything about it til a week ago!).

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The flow chart looks great but what about a inaccurate bill from a creditor? Before it goes anywhere? How long do they have to respond to a request for DV? What if they send it to collections instead of validating? Do you then request validation from the CA?

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I'm new, and this flow chart has probably been up here for years, but I just want to say "thank you for this from the bottom of my cold heart!"

(it's turned cold because of how long I've suffered from inaccurate reporting and thinking I can't do anything about it)

For me? Seeing an illustration such as this puts everything into a possible, can-be-done, format!!

Everything is so overwhelming, mixed with my emotions and feelings of "LOSER".....I believe I can make a difference in my life, thanks to all you who have opted to share THE WAY !!

Thanks Again!!!

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Which statute of limitations?

For reporting or collecting?

From my understanding, the reporting SOL to the CRA's from any CA/OC/JDB, is 180 days past the DOLA + 7 years... Then no more reporting!?

The other SOL is the time any company be it the OC/CA /JDB, has to legally attempt to collect the debt from you, and how long it is permissable for them to sue you for the debt in your state? And to make my confusion about the two SOL worse, if say your state has three SOL, depending on the type of account, ranging from 3-5 years, and the account is past your state's SOL, but not past the national 7 year reporting SOL, if you send a DV requesting they prove this allaged debt isn't past the state's legal time to collect it, (they cannot prove this because it's past), do they have to remove the collection from the CR for not being able to validate what was requested before the 7 year national SOL?

Thank you for the chart, and any answers!

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I received a NOTICE OF APPLICATION FOR WAGE EXECUTION. Plaintiff(s) Cach of New Jersey LLC. I sent them and the Superior Court a letter requesting a written validation of this alleged debt, which includes a copy of the original signed contract from CACH with my signature, A typed letter showing an account number and balance due is not validation, again I am requesting a copy of the original application as validation. This is a letter in responce to the letter "Notice of Application for Wage Execution" If you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the New Jersey State Attorney Generals Office. Civil and Criminal Claims will be pursued.

 

There response: In response to your request for validation enclosed herein please find a copy of the judgment entered by the court along with a copy of the docketing information. "Which  I Never Seen Before" You have delayed over six (6) years  to make your out of time request for validation but the following information is provided. The underlying debt was a Citibank credit card number ################# "By the way since when does a credit card have 17 numbers" You were properly served by the court and chose not to file an answer six years ago. Your request for a copy of the application at this juncture cannot be fulfilled due to your delay of over six (6) years as the underlying creditor is only required to keep same for seven (7) years. As you have delayed for such a long time thos e documents are unavailable. Please contact us to make arrangements as to this long standing judgment.

 

Those were the exact words typed in a letter to me from the counsellors at law!...word for word...

 

" Now What Do I Do...Is the question?..."

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Yes you can.

I received a NOTICE OF APPLICATION FOR WAGE EXECUTION. Plaintiff(s) Cach of New Jersey LLC. I sent them and the Superior Court a letter requesting a written validation of this alleged debt, which includes a copy of the original signed contract from CACH with my signature, A typed letter showing an account number and balance due is not validation, again I am requesting a copy of the original application as validation. This is a letter in responce to the letter "Notice of Application for Wage Execution" If you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the New Jersey State Attorney Generals Office. Civil and Criminal Claims will be pursued.

 

There response: In response to your request for validation enclosed herein please find a copy of the judgment entered by the court along with a copy of the docketing information. "Which  I Never Seen Before" You have delayed over six (6) years  to make your out of time request for validation but the following information is provided. The underlying debt was a Citibank credit card number ################# "By the way since when does a credit card have 17 numbers" You were properly served by the court and chose not to file an answer six years ago. Your request for a copy of the application at this juncture cannot be fulfilled due to your delay of over six (6) years as the underlying creditor is only required to keep same for seven (7) years. As you have delayed for such a long time thos e documents are unavailable. Please contact us to make arrangements as to this long standing judgment.

 

Those were the exact words typed in a letter to me from the counsellors at law!...word for word...

 

" Now What Do I Do...Is the question?..."

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Hi there,

 

I LOVE this step-by-step program outline and flowchart.  THANK YOU!!  

 

Just one question:  This tactic calls for disputing the debt with the CRA and sending a DV to the CA or attorney representing them concurrently right at the start.  Can you tell me why this should be done (sorry, I'm just not quite getting it)?  What I'm hoping to do for my charged-off accounts is to send a DV request to each of the CAs listed on my credit report, then for any that satisfy the DV request, trying to settle for deletion of the account from my credit report (I don't have a problem with paying them something, as long as it is beneficial to me as far as rebuilding my credit profile).  If they refuse this, I plan to settle anyway if they will agree to sign an NDA, then dispute the charges with the CRA independently (can't take credit for this idea, as I read it elsewhere on this site).  Since the CA won't be able to release any information after the NDA, the CRA will have to remove the listing after receiving no response from the CA.  If the CA does report info to the CRA after signing an NDA, then they they've violated FDCPA regulations and again, will have to remove it or be sued - either way it gets removed (or so I hope).  But I'm thinking that if I start disputing the debt with the CRA way back in the beginning, then I've already allowed them to verify the account prior the the NDA agreement and lost before I've begun, as far as my credit report.  :-(

 

Any input is greatly appreciated!

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Anyone?  

 

Maybe I haven't phrased things properly?  I'd be more than happy to re-enter if it's confusing.  I could really use the help, as I'm concerned that some of these will go into lawsuit phase (this recently happened with another account).  

 

Thanks!

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