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DV well after the 30 days ?


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Im getting ready to DV a collection agency . Its been well over the 30 days they give you to dispute . Its been about a year atleast , if not more. And I have called and talked to them and told them I don't owe this debt ( that was before I found thisn site )

I can still DV , right ? even though the 30 days is past.

I started reading here and got a bit confused about it.

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Yes, you can indeed DV them past the 30 day limit. The FDCPA only states that if you don't DV within 30 days, the CA can assume the debt is valid. And then later on, the FDCPA say just because you miss the 30 days, doesn't mean you admit the debt is yours.

Some CAs have taken those two statements to mean that if you miss the 30 day window, the needn't respond to your DV request. I'd be hard pressed to put my finger on the case law, but I beleive I've read cases both for and against this position.

Bottom line...DV them. If they don't respond, then ITS them. And if they still don't respond, sue. Even if you aren't certain this debt isn't yours, you might still get some money out of them...

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Thanks all.

I thought I still could but wanted to be certian. I was all set to do it , but ...

I was on the phone with OC and she had the CA on the other line ( I guess , either that or they are in the same building ) and SHE offered a pay for delete before I said anything ! . Since the amount was so low ( under 100 bucks ) They knocked off intrest and said just pay the fee and we will delete both TL ... Im surprised they didnt hear me drop the phone :shock: I sent them the PFD letter I tweaked from here and they faxed their letters back and Now I just have to wait and see if they keep to it...

If not , ill be back here for more advice :D

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I've looked a lot but can't find where it says you can DV after 30 days. Anybody have the case law on that? I may need it as I found some collections on my report from an ID theft in '99 which I have started the DV process on.

Thanks.

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What you see here is the reason why most legislators are lawyers...there primary focus is to create work for other lawyers. They are either incredibly stupid when they create new, ambiquous (sp?) laws, or incredibly protective of their profession.

Nowhere in the FDCPA does it say that you can't DV after 30 days. It does, however, say:

Section 809(a). If you don't DV within 30 days, the CA can assume the debt is valid and continue collection, and:

Section 809©. Failure to request validation within 30 days is not an admition of liability by the debtor.

So...what you've got is CAs are now trying to say that 809(a) says if you don't do it in 30 days, they don't have to respond. They've wised up to the DV process, and are using it against us as another intimidation ploy.

IMHO, you write them again and say, "...sorry guys, you still haven't shown that this is my debt and I therefore dispute your right to collect it. Continue your efforts and I'll see you in court".

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Thank you Willing. I agree, I was just sooo PISSED. I'd like to know what address they sent it to and so forth. They have not marked it "in dispute" either. I think they are trusting I am stupid and will back down.

WRONG :evil:

Gonna get together with Chasey and have her help me whip up a good a$$whopp'n

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