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Sued For Dv/mov/pr Or Any Kind Of Validation


ART ROD
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I Am The New Guy But I Am Trying To Do Alot Of Reading Not To Waste Any Of Your Time.....i Have Been Some Info That Says Not To Dv Certain Creditors Or You Will Be Sued!!!! If This Is The Case Is There A List Of These Creditors To Stay Away From To Save Some Of The Hassle.....and What To Do If Your Not Supposed To Dv Any Of These Creditors To Get Them Off Your Cr??????

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If you're within SOL, a DV is not the smartest approach.

There's no list. For a large enough amount, any of them would sue. For a small enough amount, only some would. That number is different for each company.

Could you please try not writing in Camel Case All The Time? (This isn't German) Thanks.

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Sorry for the Camel Case.....If not DV, just only dispute with the Big 3 directly???? Should i just stay totally away from DV???? I was reading to DV and dispute at same time....If your not within SOL should you always DV????

Thanks for all the help.....

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Well, for what its worth, here's my opinion.

First...don't DV original creditors...not for fear of being sued, but because they don't have to respond (except maybe in Ca).

Second...if you receive something in the mail for a CA or JDB...respond with a DV. They screw up all the time, and sometimes even back down with a debtors stands up to them...simply because there are some many other suckers for them to pluck.

Third...if you're looking at your credit reports and wondering whether to DV...again, don't bother with the OCs. You can use the "hey, found you on my CRs...what the heck?" approach on CAs.

The posts that claim that some OC will sue if you DV their collectors were started by a "debt-fixer"...someone who has "special arrangements" with certain OCs. It was in his best interest to guide poeple to his service rather than to use the DV process. He gets paid to "settle for less than the full amount".

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TYou were saying use the "hey, found you on my CRs...what the heck?" approach on CA's, Would that be just a dispute letter to the CA's????

No...not quite a dispute...more of a standard "request for debt validation"...a DV. Except that rather than sending it in response to a letter you received from them, you're using the fact that you found them on your credit report.

Normally...when a CA sends you dunning letter, you have 30 days to respond, or they can legally assume that the debt is valid and continue their collection efforts. If it ever goes to court, they don't need to prove you got the letter just that they have systems in place to send such letters. But, on the other hand, the FDCPA does imply that your 30 days begins from "first contact"...so...when you're responding to something you found on your reports, you assume that's your first contact. DV them.

Will this hold up in court? Don't know...maybe...but the initial purpose of a DV letter is to ask them for proof they have the right person, the right account, the right amount, and the right to collect in your state. And...maybe...suggest to them that their time might be better spent hassling somebody else.

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Thanks for the info, I was wondering about OC's.You said,"don't DV original creditors...not for fear of being sued, but because they don't have to respond (except maybe in Ca." If it is reporting on the Big 3 from the OC, and not a CA how should you handle that if the OC's do not have to respond to a DV????

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Thanks for the info, I was wondering about OC's.You said,"don't DV original creditors...not for fear of being sued, but because they don't have to respond (except maybe in Ca." If it is reporting on the Big 3 from the OC, and not a CA how should you handle that if the OC's do not have to respond to a DV????

The CA mentioned in the quote meant "California," not "collection agency."

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I was just wondering if the OC is the only one reporting on the Big 3 and not a CA,How should you handle that if you don't DV original creditors since they do not have to respond....

While the FDCPA does not apply to OCs, the FCRA does...by requiring them to report accurate information. If the debt are truly not yours, then you can use the same sort of tactic..."hey, I found you on my reports...wth?". Its not a DB as much as a "this ain't mine, fix it, or I'll see you in court".

On the other hand, if the debts are yours, then if the debt is quite old, you can try disputing the TLs with the CRAs. You can do this on line...they give you a list of possible reasons to choose from...most people select something like "not mine", but others say to go with something a little creative.

If its yours, and the debt isn't more than say 6-10 months old...I think your choice is to just wait. You'll probably be hearing from CAs any day now...

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Well, for what its worth, here's my opinion.

First...don't DV original creditors...not for fear of being sued, but because they don't have to respond (except maybe in Ca).

No, but they have to respond to requests for an investigation. Which can be VERY effective. It has worked for me.

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