Jump to content

Which Amount?CA or CRA?


sunset
 Share

Recommended Posts

Hi all. Another question from a newbie. I had posted a few days ago that a Lawyer, who is also a collection agency, who is also a mayor of the town in which he resides, sent us a letter stating we owed his office $460 for my DH's grown son. We disputed this fact, stating it wasn't DH's responsibility. This lawyer is in NY, we live in GA.

Now, which amount do we go by?(this is a curiousity question). The amount the lawyers office put on my DH's credit report is $208, but their letter to us states we need to pay $460.

DH wanted to call them and find out which amount we are actually disputing and I asked him not to call; on the grounds that they may change the original amount they reported to the CRA. Was I wise to suggest this or should I have not given him this advice?

Oh! Another mind boggling question (for me that is) regarding SOL's. If CA is located in NY (6yrs if I'm not mistaken) and we live in GA (4 yrs), and DH's son's bill was originated in NY, which SOL do we go by?

As I stated before, we are disputing this, but lawyer insists DH is responsible.

Link to comment
Share on other sites

As far as I know..

SOL is based on your current state of residency, as they

have to sue you there.

but for $400, that is unlikely, especially if the CA is in NY.

Why are you disputing? can you prove that you are not responsible?

Who is the OC?

Is it a legit debt?

Have you done a DV yet?

When was the initial contact from CA?

regarding the amount-- it will substantially increase over time-- that what happens. :-(

Link to comment
Share on other sites

Yes we can prove we are not responsible. Son was 18. he admits it's his bill. Lawyer still will not take it off hubby's report.

Yes we dv'd. they send dr's name and amount but not where dr is located. found that out through grandmother.

It is definitely not ours, and DH wants to find out exactly what amt to charge son to get this off his CR.

OC is dr out of NY, but lawyer will not tell us where he is located, number, address... nothing

it is a legitimate debt.... for DH's son. (since he was 18 at the time he went to dr). DH thinks son put him down as guarantor. DH was OTR driver and out west at the time...couldn't have signed as guarantor

initial contact from CA was in January, 08. Been going back and forth ever since. They will not provide any information DH asks for

Link to comment
Share on other sites

FDCPA section 809(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

Ceasing collection of a debt within the 30 day period also means no reporting to the CRA

Link to comment
Share on other sites

ah. So, by DH writing to them requesting the name of the original creditor, including address and phone, this collector is not complying with the law?

On a (not-so) lighter note: You are Semper-Fi. My son is over in Iraq now and he is also a marine. (not the son mentioned in these posts). He just went over. Very proud of him.... and you.... thank you for all you did...

Link to comment
Share on other sites

what BTO429 is describing is called a DV (debt validation),

but a 'proper' DV must be timely, meaning it must be submitted within 30 days of initial contact for it to be enforceable by law ( yes a call is considered a contact)

did you ask for validation within that 30 day window?

Ceasing collection of a debt within the 30 day period also means no reporting to the CRA

but it is already reporting.... you will have to dispute the debt with the CRA's forcing the CA to verify and potentially violate.

ah. So, by DH writing to them requesting the name of the original creditor, including address and phone, this collector is not complying with the law?

ONLY if your DV was timely, if you submitted your DV after that they do not have to comply.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.