NEED HELP ON NEXT STEPS FOR VALIDATION PROCESS

[nat11]

I sent out a debt validation letter to a attorney that was hired by Discover Card or is playing as a collection agency.

I sent out a letter in the end of February 2010 requesting validation of the debt.

In the letter it stated all the items that they need to provide me with.

It is now July 2010 the FINALLY respond...with ONLY statements print out, nothing else.

i obviously have to send a 2nd letter out, but i want to make sure i send out a proper 2nd letter covering all the details.

Also are they allowed to take so LONG to respond? thanks for your help!

[debtorshusband]

They can take as long as they want to respond. They may never respond. The only requirement on them is to cease collection activities until they have responded.

Despite the list of items you requested, they have probably met the "verification requirements", since they are not well defined in the FDCPA and the bar is generally consider to be low. So they probably consider themselves in the clear to resume collection activities, which means letters and phone calls.

I don't believe in sending out 2nd letters requesting verification. You just take the position that regardless of whether or not they have satisfied the mythical "verification requirements", you have not received the information you require to resolve the matter. You either tell them that, or you just ignore them. The trouble with the first approach is that you leave them with little option except to sue; the problem with the second approach is you have to endure the calls and letters. But basically, you don't have any laws on your side to support your position. You have to enforce your position on your own, by refusing to send them money.

Good luck,

DH