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30 day Time Limit on Debt Validation?


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Hello all!

I'm a newbie to the topic of debt validation. But based on the cursory research I've done thus far, it seems like a promising process. However, as I was conducting my research, I encountered a huge disappointment. If I'm understanding the stipulation correctly, one is afforded a short window of time to exercise their debt validation rights--30 days from receiving writtin notice from their creditor. Is this correct? Help!

Thanks

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Hello all!

I'm a newbie to the topic of debt validation. But based on the cursory research I've done thus far, it seems like a promising process. However, as I was conducting my research, I encountered a huge disappointment. If I'm understanding the stipulation correctly, one is afforded a short window of time to exercise their debt validation rights--30 days from receiving writtin notice from their creditor. Is this correct? Help!

Thanks

I would go by the date on the letter. Yes , you have 30 days to get a DV letter to them.Make sure you send it CMRRR , certified mail return receipt requested.

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Thanks for the feedback.

I'm wondering, then, which stipulation is correct? 1) that DV is only permissable within the first 30 days of receiving notice from a CA or 2) that DV is permissalbe at any point in time?

§ 809. Validation of debts

(B) If the consumer notifies the debt collector in writing within

the thirty-day period described in subsection (a) that the

debt, or any portion thereof, is disputed, or that the consumer

requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment,

or the name and address of the original creditor, and a copy

of such verification or judgment, or name and address of

the original creditor, is mailed to the consumer by the debt

collector. Collection activities and communications that

do not otherwise violate this title may continue during

the 30-day period referred to in subsection (a) unless the

consumer has notified the debt collector in writing that the

debt, or any portion of the debt, is disputed or that the consumer

requests the name and address of the original creditor.

Any collection activities and communication during the

30-day period may not overshadow or be inconsistent with

the disclosure of the consumer’s right to dispute the debt or

request the name and address of the original creditor.

© The failure of a consumer to dispute the validity of a debt

under this section may not be construed by any court as an

admission of liability by the consumer.

You can still DV at any time. I have, and most have gone away and/or resold to another CA.

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You can still DV at any time. I have, and most have gone away and/or resold to another CA.

I hate to do this but this answer is wrong...Partially.

Yes, you can DV at any time that you'd like to. However, the CA's only have to respond to your DV request if it is timely. This is why there a 30-day stipulation listed in Section 809.

If the consumer doesn't respond to an initial dunning letter within the 30-day window, the CA is not required by law to respond or cease collection efforts.

There are many people on the forums who have had success through untimely DV's and there many people on the forums who have had to take different routes to solve their issues. Make sure that you pick the best solution for you, research to understand what you're doing, and then go for it.

:goodluck:

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Again, thanks for the feedback. Although I'm still a bit confused.

Why would a CA fold (or simply go away) if a debtor pushes for DV beyond the 30 day stipulation. Either they are really ignorant of the law or the 30 day window is inaccurate. If the 30 day stipulation is accurate, I'm surprised that I havn't encountered any situations where a debtor attempted DV but was outright denied by a CA on the grounds that their attempt was too late (i.e., beyond 30 days).

Ok, here is my situation. I'm late on a number of credit cards (over 6 to 9 months late), which means that the CA's have already sent me notice in writing. Because I've exceeded the 30 day window, would an attempt at DV be a waste of time?

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I hate to do this but this answer is wrong...Partially.

Yes, you can DV at any time that you'd like to. However, the CA's only have to respond to your DV request if it is timely. This is why there a 30-day stipulation listed in Section 809.

If the consumer doesn't respond to an initial dunning letter within the 30-day window, the CA is not required by law to respond or cease collection efforts.

There are many people on the forums who have had success through untimely DV's and there many people on the forums who have had to take different routes to solve their issues. Make sure that you pick the best solution for you, research to understand what you're doing, and then go for it.

:goodluck:

I said that in my first answer above....this answer was in response to, can they DV after the initial 30 days and yes you can.

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Again, thanks for the feedback. Although I'm still a bit confused.

Why would a CA fold (or simply go away) if a debtor pushes for DV beyond the 30 day stipulation. Either they are really ignorant of the law or the 30 day window is inaccurate. If the 30 day stipulation is accurate, I'm surprised that I havn't encountered any situations where a debtor attempted DV but was outright denied by a CA on the grounds that their attempt was too late (i.e., beyond 30 days).

Ok, here is my situation. I'm late on a number of credit cards (over 6 to 9 months late), which means that the CA's have already sent me notice in writing. Because I've exceeded the 30 day window, would an attempt at DV be a waste of time?

Have you gotten any dunning letters from the CA's?

Prior to finding CIC I had gotten a few dunning letters from CA's and ignored them...many I never heard anything from again..I DV'd all of them even though they were untimely.

My purpose was to first show them I was aware of my rights, request validation of debt owed to them before any talks of payment would be made, I would assume if they were to take me to court I would have the right to ask for proof and 3rd hope they go away and/or sell to another CA and then I would be DV'g the next one timely.

I would think they fold because they now know you know your rights and you aren't going to just pay up and if they don't have proof and/or proper documentation then taking you to court would be a waste of time because they can't come to court without any proof, kwim?

I have sent many, many DV's timely since CIC because they keep passing the debt around.

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Why would a CA fold (or simply go away) if a debtor pushes for DV beyond the 30 day stipulation. Either they are really ignorant of the law or the 30 day window is inaccurate. If the 30 day stipulation is accurate, I'm surprised that I havn't encountered any situations where a debtor attempted DV but was outright denied by a CA on the grounds that their attempt was too late (i.e., beyond 30 days).

I think that the answer to this question can come in many forms. Some CA's just don't want to deal with the hassle, which is why they fold - especially if the amount isn't high enough to warrant any type of legal action.

As far as being denied documentation based upon an untimely DV request, why would the CA's even bother to send it? If the CA is aware of their rights, which many people forget about, they don't even want to waste their time. Not responding to an untimely DV request is the same thing as sending a denial in writing.

Ok, here is my situation. I'm late on a number of credit cards (over 6 to 9 months late), which means that the CA's have already sent me notice in writing. Because I've exceeded the 30 day window, would an attempt at DV be a waste of time?

Depends on what you're trying to accomplish here. The DV process, whether timely or not, creates a paper trail for use later down the line if you legitimately start to rack up violations. But my question is this...If you know that these credit cards are yours, which obviously you do because you're aware of your payment history, what are you trying to get out of the DV process?

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Ok, correct me if I'm wrong, but I was under the impression that DV could be used to potentially "beat the system"; that is, to walk away unscathed from one's legitimate credit card debt. And please, any would-be moralists or preachers, save your breath.

If you're dealing with an older debt that has passed thru many hands then a lot of times they do not have enough documentation to provide and they just sell it on to the next JDB. And, like LoveBug stated earlier, some just don't want the hassle. Since you stated in an earlier post that you are only 6-9 months past due on these debt's you're well w/in SOL and your DV response may come in the form of validation followed by a law suit. Remember that, based on the FDCPA, a CA only has to provide the barest minimum of information to comply. You can demand the world but they don't have to deliver unless you live in a state with strong consumer protection statutes. If you're beyond SOL then you have a better chance that a DV will make the CA go away.

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