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30 day validation


lazymae
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Read everything under the 'Debt Validation' link at the top of this page and read the FDCPA under its link.

The FDCPA says that if you do not request validation within 30 days of initial written contact by the collection agency, then the CA does not have to cease collection activity. If you do request DV within the 30 days then they do have to cease collection activity until they properly validate.

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if you receive a letter from a ca and it says that you have 30 days to dispute the validity of the debt, if you don't dispute within the 30 day window what happens? I mean, can you not dispute at a later time?

If it were me, I'd contact them anyway and put it like this; "In reviewing my credit reports I find that your firm is listing a collection account...." you could try that.

Elyse

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if you receive a letter from a ca and it says that you have 30 days to dispute the validity of the debt, if you don't dispute within the 30 day window what happens? I mean, can you not dispute at a later time?
If you fail to dispute the debt within the time frame giving by the FDCPA USC 1692, then Attorney/debt collectors will assume the debt is valid. Probably, file the law suit to collect the debt.
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Although a debt collector can assume the debt is valid if you do not dispute within 30 days, that applies only if the consumer remains silent. The 30 day limit is meant to address the issue of alleged debtors simply ignoring all notices.

If the consumer disputes the validity of the debt at any time, even after the 30 days has passed, they can no longer assume the debt is valid; because there is no longer a need to assume anything once the consumer disputes.

Do not confuse disputing the validity of a debt with requesting validaiton. Requesting validation only means the collector must obtain a statement from the original creditor that you owe the debt and pass it on to you. Disputing means you deny the amount or existance of the debt. There is a big difference there. If they continue to pursue a disputed debt and you later show proof they are wrong, they can be liable for fraud or even extortion (Hobbs Act). And that's a bigger deal.

Also, note there was a recent change in the FDCPA law. I haven't quite digested all of it, but one major difference is that debt collectors are allowed to pursue the debt during the first 30 days, they no longer have to wait 30 days for the consumer to respond with a validation letter.

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I sent a letter of DV and a ceist and desist to a company called Focus Recieveables management, the reason is because I recieved a call on my work cell phone from them and I had no idea who they were. They said they were the collectors for a SWBELL debt I had and wanted to know if I was willing to give them credit card or bank information to take care of it. I told them that I do not know them and requested that they send me something in writing showing me they have the authority to collect on this debt. I was transferred to a supervisor who told me that they had sent a letter to me months ago and did not have to prove anything. Additionally if I did not pay, they were going to garnish my wages since I indicated to them they called on a work phone. When we hung up they were going to get hold of human resources and start the garnishment. Baaa!!!! BTW...I own my own business so I am..human resources. What I'm finding out lately is that most CA's are firing back that they do not have to cease collection activity even though they cant show proof they sent a 30 day letter and the request for specific requirements of validation are not what has to be provided as the internet is a wonderful tool but often inaccurate. I have a full letter in repsonse to my DV and ceist and desist letter. It was from OSI Collection Services. Has anyone seen such a letter? If so, how do I respond? If it is appropriate, I will post the letter in its entirety so the next step can be better determined. ... Thanks....waiting patiently for the right move!

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