WHY BOTHER??

[ocn2000]

If you truly know that a debt is in no way yours, why bother with DV, disputes etc. Why not just send them one ITS letter and then they have a matter of a few weeks to respond before you can file a suit. When you file the suit attach your discovery interagatories to it. They will have around 30-45 days to supply you with the info or request more time form the court. It just seems like a lot less waiting and BS if they debt truly is not yours.

[chincheck]

Two words: willful noncompliance. Failure to DV, incorrect reporting to the CRA, continued collection activity while in DV, etc. all point to that.

In addition to proving to a court that the CA did not follow the law, you must also prove willful noncompliance. If done your way, a CA can simply assert that they made an unintentional error; therefore, your case has a good chance to get dismissed. In California, for example, the CA also has the opportunity to countersue you for malicious prosecution.

[miracle]

The debt may be yours but that doesn't mean the CA has the right to collect on it. If someone called you out of the blue and said you owed them a few hundred dollars, do you just send them a check?

Not only that, but that doesn't mean that they have the correct amt that you owe on that account or that it is within the SOL to collect upon. If they are trying to collect a debt, they better be doing it correctly with the correct information and authorization or it violates the FDCPA.

Within this, you build a paper trail of violations so that you have leverage to have it removed from your report, etc and so, if you need to, you have various counts to catch them on as far as breaking the law. CA's are sharks. If you truly owe the debt, contact the OC and see if you can work out some sort of arrangment, have them recall the debt from the CA after you have sent the DV out.