DV after initial 30 days... Can they sue before Validating?

[LadyButler]

I'm in SC. I DV'd a CA after the initial 30 day time period- which I realize is allowed... but I've read elsewhere that it won't stop them from further collection activity since it's after the 30 days. (I hope my question makes sense... )

Can they respond with a suit? The collection is fairly new... and it's for under $350.

Thanks.

[DocDon]

How much later after the 30 days? There is case law that allows for a "reasonable amount of time" after the 30 days to allow the DV to be treated as if it were submitted prior to this 30-day expiration period.

Do a search on the "Mahon" case. I've heard it so many times in the past couple months, I don't feel like ever setting eyes on it again.

A few points:

1) The FDCPA states that after 30 days they will send you the name / address of the creditor. No mention of validation which was taken to mean they are not obligated to.

2) The FDCPA does not state you lose your right to DV after initial 30 days of the dunning letter (case law does, and we all now know the difference between case law and statutory law now, right?)

3) The FDCPA continues to say that your failure to dispute is in no way and admission of liability to the debt in question.

For that small amount, I can't see them filing suit, but strangers things have happened.

[LadyButler]

First letter from CA was sent 11/03/2004. My DV was signed for on 2/16/05.

[DocDon]

Eh, that may be pushing the "reasonable amout of time" mentioned in the Mahon case.

Like I said, I doubt they'll sue over such a small amount. If you can pay it, contact the OC in writing at their executive level and work out a arrangement to pay if they agree (in writing) to recall and delete the collection entry.