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Demand Verification Expiration ?


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I've read in many places that you have 30 days to Demand Verification from the collection agencies. Once that 30 days has passed if you haven't demanded verification have you lost the right to do so and have it legally mean anything? Are you then out of options?

Was first contacted a year ago by an attorney/CA about a credit card balance with Chase Bank. The attorney/CA sent me a letter 6 weeks ago with a threat to file with the NAF if I didn't settle. Received the same letter/threat yesterday dated August 8. Should I respond or DV this latest correspondence? Is there anything I can or should do at this point? I've had no contact whatsoever with this CA/attorney (haven't spoken with or sent them anything) so far and haven't signed for any correspondence that has been received.

Thank you for any insight on this matter.

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Technically, you must DV in the 30 days from receving the first letter form them. But you are within reason to DV, just remember they can continue to collect now.

If you do dispute it, you will find the specimen letters helpful, But remember to tell the guy why you dispute: not yours, paid it off years ago, don't know who the JDB is, etc.

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Recovering Attorney, thank you for the response. I found the sample letters relating to demanding validation. Being a neophyte I'm not sure exactly what to send but based on the CA filing with the NAF would these particular items be prudent to request in the letter?

What the money you say I owe is for;

Explain and show me how you calculated what you say I owe;

Provide me with copies of any papers that show I agreed to pay what you say I owe;

Provide a verification or copy of any judgment if applicable;

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account

Show me that you are licensed to collect in my state

Provide me with your license numbers and Registered Agent

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Those are certainly things you can ask for...however, the debt validation provisions of the FDCPA are not nearly so complete.

The other thing you want to review is the Refusal of Arbitration thread at http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=227015

...doesn't mean you'll win, but, before they can take your money, they'll have to take their arbtration award to court. Going through the DV process will help you there...

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The law only says that IF you fail to dispute within the 30 day window, the CA can assume the debt is valid. That is it. Also, if you read FDCPA 807(8), there is no written requirement nor a timeframe. All that is required is that the CA has knowledge of dispute. And, if they did take you to court, you could stand before the judge and make them prove validity at that time. Remember, FDCPA 809©, clearly states that no court can construe the failure to dispute as an admission of liability. Thus, if they don't have sufficient proof of debt, you win.

Myself, I would DV this attorney/CA to see what they have. Remember, their own computer generated statement does not meet the requrements. Their proof must be on the letterhead of the OC, period. Signed contract, monthly statements that also show your current or last address, with a payment history. Any or all of those, you will have to cede and arrange settlement as it is definite proof. Yes, you can also demand them to prove they have the legal right to collect the debt, plus, able to legally do so in your state.

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