Which party do I DV?

[jfaustus]

Or do I at all?

I live in NYC, and have a negative TL on my CR for $3,900 from Jefferson Capital on an Aspire Visa. The last activitiy is listed as 09/02, and was reported in 12/04. If I understand correctly, that means the debt is still within the SOL until 09/08 and won't fall off my CR until 12/11.

The only paper record I have are notices from the Law Offices of Mitchell Kay (in New York). Nothing directly from Jefferson. That doesn't mean they never sent anything, just that I don't still have the records... It also means that I have the A/C# from Kay's mailing, but this doesn't match the partial A/C# listed by Jefferson on my CR.

I want to DV this debt, in hopes of a deletion. Jefferson's reputation is such that I can't imagine they're legally entitled to collection activity (by which I mean I doubt they can verify the debt).

My questions are: (1) Do I DV Jefferson Capital, Mitchell Kay, or both? Using the full A/C# from Kay or the partial from my CR? (2) Anyone have a sense of Aspire's/Jefferspn's record-keeping? (3) Should I DV at all, given that the SOL hasn't run out?

Many thanks,

jfaustus

[thomassl]

You need to really look at your current credit report to determine who owns the debt now. Be aware that if you DV the CA or dispute with the CRA's, you will awaken the debt as it is still within the SOL. Unless you are prepared to pay and they aren't bothering you, I would leave it alone!

[jfaustus]

Thanks for the quick response. Check me if I'm wrong, but IF they can't validate then (a) they can't collect; ( they CAN sue; but, © the suit would be collection activity in violation of FDCPA and I could counterclaim for $1k + damages.

If they can, then I suppose I would be waking a sleeping lion...

Anyone had experience with DV-in Aspire/Jefferson? Have they ever actually validated?