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What if my 30 days are up?


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I have several collection accounts that I am trying to remove from my credit report. Here's the problem. I ignored the letters that all of the collection agencies sent me when the debts were passed around to multiply agencies. It's been well over 30 days sent the current holders of the debt sent and I received the letters informing me I had 30 days to disbute or request validation for the debt. I am sending letters to the credit bureaus (certified mail) tomorrow. I plan to send out debt validation letters to all the collection accounts on my credit report next Monday. My question is: Since my 30 days have expired, are the collection agencies still under any obligation to reply to my request for debt validation? Did I lose any of my rights or have they gained any rights by virtue of my apathy towards the debts until now?

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If you do request debt validation within 30 days from a third party collector, they are supposed to stop all collection activity and mark your account in dispute in your credit files.

After they provide you with debt validation, then collection activities can resume and the in dispute can be removed from your credit files. Since it can take up to six months to do a proper debt validation, it buys you some time.

But ho hum that right away, and the 3'rd party collector can legally ignore your debt validations requests unless you have special state laws that allow debt validation after 30 days. And if the matter ever gets to a court of law, its a point against you if you did not follow your proper legal remedies.

In a more practical sense, you lose far less. Because most CA's will just send you some totally meaningless debt validation anyway, they are basically legally allowed to do so, and legal niceties satisfied, they resume collection. The rub comes when the CA tries to take that kind of phony debt validation into a lawsuit, and if they do not have the proper validation that links back to the OC's actual records, many courts will not consider the CA as having a valid case. And to a certain extent, a CA with good records may well want to honor a past 30 day DV request, because if they got the goods on you, the wise may pay them the easy way, and its almost always more expensive for the CA to collect via a lawsuit because they may end up paying for their attorney and court fees.

And you also should realize debt validation does not apply to the OC.

But there are all kinds of legal remedies you have, look also for expired SOL, unreasonable fees, chain of title, and if you can catch them in FCRA violations, they could end up owing you money. Sadly FDCPA violations are more paper protections CA's will often violate because the law is basically toothless.

But I fail to see what good it will do with -------"I am sending letters to the credit bureaus (certified mail) tomorrow." Basically the credit bureaus will just take the word of a CA anyway, but if they they do it in a proper manner, they are supposed to ask the CA if the debt is valid.

And you are better off having some sort of plan or reason to say the the CRA, the debt is not valid because. And you may want to read up on the one two punch method that gets much harder after the 30 days expire.

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I felt it would be best to go ahead and send the Credit Bureaus dispute letters because I am under the impression that if everything is verified to them and then the OC or CA can't or won't investigate/ validate then I may have an actionable offense under the federal laws. I understand that it's sometimes not practical to sue on one violation and that any suit should have a long papertrail showing disregard to fair practices and the law. But on the flip side of that, the sooner I start creating that papertrail, the more I will have on those that won't play nice (i.e. validate the debt, remove incorrect information, accept a settlement offer or PFD) and continue to violate my rights with their spreading of incorrect and/or unvalidated information. I have no problem paying someone for a debt that they can prove they have a right to collect, but I don't want to pay any more that I have to. Example, an old account with GEMB/WalMart had an original max credit of $125 and the DOLA was early Spring 2007. The JDB, LVNV Funding, has it listed on my credit report as a new account (less than 6 months old)on all three, as an open account (O-9) on two (different account numbers, they deleted the last 4 0's on one) and an installment (I-9) on another with balances in excess of $375 each. When I had my credit pulled for a loan, it showed up as the OC, then as 3 different accounts on collections, so I got nailed 4 times for a negitive account and show somewhere around $1300 in past due payments on those 4. The only problem I have is that I waited until after the 30 days from the orginal notice stating they had my debt. I plan to claim that the first knowledge I had of this debt came from the CR but I imagine that's been overused already. From what I have read on this forum, it seems that LVNV Funding likes to move the debt if you request validation of the debt and if they do, I believe that would restart the 30 day clock that I have to act in since it would be a new CA. Is that correct?

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A few things...

You should check your state laws. Some state laws are more restrictive and require a CA to validate regardless of the date of the initial dunning letter.

You are on the right path. IMHO, always DV. Many debt collectors will simply go away if you are a PITA. Some don't know the law themselves. Regardless of the law, it's just common sense to make sure you actually owe a debt before you pay it.

Even if you are outside the 30 days of the initial dunning letter, the CA must still report your TL as "disputed by consumer" with the CRAs. Very often they don't -this is a good source of violations.

And yes, when they switch CAs, you get a new initial dunning letter and all the rights that go with it.

-r

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I have several collection accounts that I am trying to remove from my credit report. Here's the problem. I ignored the letters that all of the collection agencies sent me when the debts were passed around to multiply agencies. It's been well over 30 days sent the current holders of the debt sent and I received the letters informing me I had 30 days to disbute or request validation for the debt. I am sending letters to the credit bureaus (certified mail) tomorrow. I plan to send out debt validation letters to all the collection accounts on my credit report next Monday. My question is: Since my 30 days have expired, are the collection agencies still under any obligation to reply to my request for debt validation? Did I lose any of my rights or have they gained any rights by virtue of my apathy towards the debts until now?

too bad you are not in Texas.....

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too bad you are not in Texas.....

Why?

I'm actually having the same problem as the person who started this thread. I have a collection account on my CR from CREDIT MANAGMENT LP for a Comcast bill that I supposedly haven't paid ($141).

I had my 30 day window but I was stupid enough to ignore the letters, and now, few months later, I wish to DV.

Is there a special Texas law that governs this?

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Why?

I'm actually having the same problem as the person who started this thread. I have a collection account on my CR from CREDIT MANAGMENT LP for a Comcast bill that I supposedly haven't paid ($141).

I had my 30 day window but I was stupid enough to ignore the letters, and now, few months later, I wish to DV.

Is there a special Texas law that governs this?

Texas State law states that no matter how late you are requesting validation, the CA has to respond to you.

It is a very debtor friendly state.

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