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DV response...


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Hello,

I am looking for some advice. I received a letter in Feb from a law firm in my state (which is known on this site). It was in regards to an account they stated I had. I received a call from the CA in 2005, who scared me into making payments, which I did. In 2006, I discovered my identity had been stolen in several instances. I sent the CA a DV letter. They sent a letter back they were researching it and I never heard back. Now in Feb 2009, I receive a letter from the law firm, stating I can pay. I sent them a DV letter, dated 2/26/09. I sent it return receipt and they state they received it on 3/6. They are stating that my time to request verification of debt has expired. They also state that there is no legal requirement to provide me with the exact information that I requested. They are providing me with the current owner of the account (a CA). They say the account was opened on 11/1/95 and the last payment received by the creditor was 8/30/06. They are stating that in my letter I failed to indicate my dispute. They are asking if I dispute ever having the account. And if I dispute the amount owed? They also state they will contact me via mail with further verification or that which is required by law.

Here are some other pieces of info:

State I live in - NJ

Their original letter was dated 2/2/09

Any guidance will be extremely helpful.

Thanks,

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I'm a newbie on this site as well, but it sounds to me that if you paid on this account back in 05, that implies that it is your account and you own it. When you sent the first DV letter in 06 after the identity theft, it was your responsibility to follow up communications with them. There was never a solid follow through with the DV/identity theft letters in 2006, so I think they've got a point.

2 questions that may come to your aid: What is NJ's SOL on collecting debt? You're almost at the 3 year mark.

In your letter do them for DV you don't have to state any reason for disputing, just that you would like the debt validated. They have 30 days to write you back and acknowledge the debt, but the answer letter may come after that. What did your DV letter say?

Anyone else reading that's knowledgable on ID theft? I'm not.. maybe there's some specifics there that can come to your aid.

Good Luck :)

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  • 2 weeks later...

SOL in NJ is 6 years. Your payment in 06 reset the SOL.

Under the law, validation of the debt is a very low standard. I cannot tell for sure but it sounds like the law firm has provided the minimum information required. Even if they did not, it is your burden to prove they did not meet the legal test. You need to read the Chaudhry case.

Seems to me the key issue is do you or do you not owe this debt? If not, then send them the identity theft affidavit. If yes, well that is a different problem.

If you are sued, you will need to be sure to respond to the suit in the proper fashion. Assuming you demand discovery, then you will be able to ask for lots of things. Until then, you don't have the legal grounds to make the law firm produce proof of anything.

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