Jump to content

Newbie...Please Bare with me

Recommended Posts

My wife has some Medical Bills that were turned over to a CA (Listed 1/03).

She sent a DV letter (1/3/05).

CA responded (1/10/05) stating that communications for arrangements to pay the bill and other occured over the past 2 years. And that the time to validate has expired.

They also state that a printout was sent to my wife that verified the Debt. She recalls receiving a listing of owed amounts, nothing with her signature or a copy of the bill from the hospital.

The CA states in the letter that "All documentation has been provided ..."


Is there any case law that states that there is no time limit to have a debt validated so that we can respond to the CA.


What is considered "LEGAL" validation of medical bills?


Since the CA responded so quickly should we send the second DV letter right away since we don't consider this letter to be a validation of the debt?

Thanks in advance

Link to comment
Share on other sites

Send a letter back right away to them and tell them they have 15 days now. Tell them a plain reading of the FDCPA shows that the 30 day limit only relates to when the CA may ASSUME the debt is valid.

Section FDCPA 1692g© provides that “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.”


Oglesby v. Rotche...In deciding that conusmers cannot waive the protections afforded by 15 USC 1692, the Illinois district court concluded that requiring an unsophisticated consumer to 'exercise his rights under the FDCPA immediately or lose them is contrary to the basic premise of the Act, which is to protect unsophisticated debtors from from debt collectors who may use the legal system, about which the consumer has little knowledge, to bludgeon them into submission."
Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.