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Did DV, new CA on my case? What now?


bdebtfree
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Hey, first post here. I tried the DV method on a CA and after the 30 days were up I sent my second letter asking to remove the account. Then, I got a notice from a new CA trying to collect on the same account before I heard anything back from the first CA. What now? Do I DV the new CA? What about the first CA, do I threaten suit because they forwarded the account without validating? I'm lost.

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do I threaten suit because they forwarded the account without validating

These guys buy and sell debt all the time so this won't do much. They are threatened with suits everyday! Best thing you can do is to DV any CA that writes you regarding this debt (or any debt), no matter how many times it is sold. Because this can happen 1-2 more times before you're finally done with it. Make sure you send your letters CMRRR so you have a paper trail.

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Hey, first post here. I tried the DV method on a CA and after the 30 days were up I sent my second letter asking to remove the account. Then, I got a notice from a new CA trying to collect on the same account before I heard anything back from the first CA. What now? Do I DV the new CA? What about the first CA, do I threaten suit because they forwarded the account without validating? I'm lost.

Welcome to the great "Whack-a-mole" game. Remember that CA's go after the lowest hanging fruit first in hopes that your response will be to whip out your checkbook. If the debt is significant, eventually it may make it's way into the hands of a more determined CA who will take it as far as they can up to and including suit. I have one that's been thru 12 different CA's and I was fortunate that no suit was filed while w/in SOL. Doesn't mean it can't happen now but I have an affirmative defense if it does.

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Hey, thanks for the replies so far. I sent out my letter to the new CA and I guess I'll just keep doing it every time it happens. I'm guessing I'll only be safe when the SOL runs out? On a positive side, the more times the accounts are xferred, the more chances I have to do a timely DV on CAs that contacted me b4 I learned the DV process.

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Hey, thanks for the replies so far. I sent out my letter to the new CA and I guess I'll just keep doing it every time it happens. I'm guessing I'll only be safe when the SOL runs out? On a positive side, the more times the accounts are xferred, the more chances I have to do a timely DV on CAs that contacted me b4 I learned the DV process.

Also the more it changes hands the more likely their only documentation will be a sheet of paper with your name and an amount on it.

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Just a reminder. CAs don't buy debts (JDBs buy debts). CAs work for either the OC or the current JDB. Its not unusual for a CA to bounce a debt back to their employer because its too difficult. Its also not unusual for an OC or JDB to try several CAs to get you to cough up money. If the debt is still owned by the OC, chances are that will only happen once or twice before they lose patience and get a lawyer involved. If the debt is owned by a JDB, they may indeed sell it to another...in which case the paper trail gets muddied.

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So how do you determine whether or not a CA is a JDB or not? And does that mean lawyer involvement and suit are inevitable? I thought the DV process with the CA pretty much kept a suit at bay.
There are two ways to tell: 1. if the OC's tradeline on your credit report says "sold to another lender" and the balance is $0, its been sold. 2.) call the OC and ask.

The DV process should keep that particular CA from suing you. If they sue before validating, that's a violation of the "continued collection" prohibition of the FDCPA. This doesn't mean they won't sue...it just means you have ground for a counter-suit if they do.

And...some lawyers are really just collection agencies wrapped in legal paper. Some of those will continue to play the CA game. Some will sue. Its really hard to predict.

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