Moved- missed 30 day window DV

[makia1212]

Removed

[Robert Nashville/Savannah]

Understand that this is simply my opinion but I would advise a consumer to never just let a dunning letter from a CA go unanswered and to, instead, always be proactive in dealing with these things.

You need information and the best way, in fact almost the only way to get it is through the DV process and that’s true whether the DV is sent within or without the 30 day window.

Were I you, I would send the DV taking the position that it is timely since you are responding to the first correspondence you’ve received from them – it’s very likely they’ll take the opposite position, that the DV was not within the 30 day window, but so what? The bottom line is that only a judge can really decide if the DV is or isn’t timely so unless you go to court; it’s not a significant issue anyway.

I suppose there is always a danger that a DV will prompt a lawsuit but I suspect that’s rare – I’m of the opinion that if the debt holder intends to sue you they will whether you request validation or not – except in rare occasions, collectors/debt holders make business decisions to sue or not to sue – they don’t “get mad” and sue because the consumer asked for validation.

[hiblues]

you can always DV a debt at anytime

BUT

if you DV after the 30 day window, they don't have to

respond to your request.

Don't know about the OR law

about being licensed there or not.

last time I DV'd cap ones "collection agency" they immediately sent it to an attorney

that is always the risk you take in DVing. Collectors feel as if you

are trying to wiggle out of a debt and sometimes will say to themselves,

"ok, you wanna play that way" and then bam! sue.--

"try to wiggle out of that bbbiiiaatttcchhh"

especially if you are collect-able.

(ie- steady job, home) and if they own the debt.

AND

that is the reason I am not 100% behind the DV everytime 'rule' on this board.

[Robert Nashville/Savannah]

you can always DV a debt at anytime

BUT

if you DV after the 30 day window, they don't have to

respond to your request.

Actually, that's not quite correct - they never have to respond to a request for validation.

The only difference for the CA with respect to a DV being "timely" or not is that if the DV was timely, they must stop collection activity until they respond. They are free to not/never respond but they must also not continue trying to collect.