SoconfusedTX

Dunning Letter Outside of the 30 Day Window

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I learned from reading information on the forum that if you don't dispute the Dunning Letter within the 30 day window, the CA aren't obligated to respond to the DV letter.

However, if you dispute the account with the Credit Bureau and the debt is deemed verified by the CRA, does that open the window to dispute the debt again through the CA?

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Lucky for you (and me) you live in Texas... any collection agency outside of Texas usually is not aware of Texas statutes and law, they just concern themselves with FDCPA.

1) Texas law there is no "30 day window" - you may challange and demand validation at any time, as many times as you want.

2) I always deny recieving validation in letters #2, 3, 4 ect.... because generally it is a half azzed attempt to provide it, or they didn't send it and claim they don't have to (DO NOT CORRECT THEM).

3) Send at least 4 letters in with just like a DV, and keep pulling your reports. In thel last letter, include all the the other letters, proof of reciepts and all that... send it to the reporter and all 3 CBA's the last time.

4) Search this forum there are links or Texas Code numbers where you can tell them "you just stumbled upon this information, and you are no lawyer but by reading this Texas code x and this one y... it seems to you they are breaking the law"...

DON'T CORRECT THEM SCREWING UP TILL THEY HAVE HUNG THEMSELVES 4 or 5 times over and displayed a patterned attempt of spitting in the face of Texas Law.... and they will, half these people are monkey desk people with a power trip that will lie to your face and threaten things they can or will due if you don't pay them when they want and how they want... bloodsuckers, social vampires but most importantly EGOTISTICAL... know it accept it, embrace it, count on it.

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Lucky for you (and me) you live in Texas... any collection agency outside of Texas usually is not aware of Texas statutes and law, they just concern themselves with FDCPA.

1) Texas law there is no "30 day window" - you may challange and demand validation at any time, as many times as you want.

2) I always deny recieving validation in letters #2, 3, 4 ect.... because generally it is a half azzed attempt to provide it, or they didn't send it and claim they don't have to (DO NOT CORRECT THEM).

3) Send at least 4 letters in with just like a DV, and keep pulling your reports. In thel last letter, include all the the other letters, proof of reciepts and all that... send it to the reporter and all 3 CBA's the last time.

4) Search this forum there are links or Texas Code numbers where you can tell them "you just stumbled upon this information, and you are no lawyer but by reading this Texas code x and this one y... it seems to you they are breaking the law"...

DON'T CORRECT THEM SCREWING UP TILL THEY HAVE HUNG THEMSELVES 4 or 5 times over and displayed a patterned attempt of spitting in the face of Texas Law.... and they will, half these people are monkey desk people with a power trip that will lie to your face and threaten things they can or will due if you don't pay them when they want and how they want... bloodsuckers, social vampires but most importantly EGOTISTICAL... know it accept it, embrace it, count on it.

Thanks for the info, FineCubarCigar. Do you have citations for the statutes by any chance?

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OK, I've done a little research and I found what is basically the Texas version of the FDCPA. I is chapter 392 of the Finance Code. You can read the whole thing here:

FINANCE CODE**CHAPTER 392. DEBT COLLECTION

And the portion that FineCubanCigar referenced, I believe, is this:

Sec. 392.202. CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S OR CREDIT BUREAU'S FILES.

(a) An individual who disputes the accuracy of an item that is in a third-party debt collector's or credit bureau's file on the individual and that relates to a debt being collected by the third-party debt collector may notify in writing the third-party debt collector of the inaccuracy. The third-party debt collector shall make a written record of the dispute. If the third-party debt collector does not report information related to the dispute to a credit bureau, the third-party debt collector shall cease collection efforts until an investigation of the dispute described by Subsections (B)-(e) determines the accurate amount of the debt, if any. If the third-party debt collector reports information related to the dispute to a credit bureau, the reporting third-party debt collector shall initiate an investigation of the dispute described by Subsections (B)-(e) and shall cease collection efforts until the investigation determines the accurate amount of the debt, if any. This section does not affect the application of Chapter 20, Business & Commerce Code, to a third-party debt collector subject to that chapter.

(B) Not later than the 30th day after the date a notice of inaccuracy is received, a third-party debt collector who initiates an investigation shall send a written statement to the individual:

(1) denying the inaccuracy;

(2) admitting the inaccuracy; or

(3) stating that the third-party debt collector has not had sufficient time to complete an investigation of the inaccuracy.

© If the third-party debt collector admits that the item is inaccurate under Subsection (B), the third-party debt collector shall:

(1) not later than the fifth business day after the date of the admission, correct the item in the relevant file; and

(2) immediately cease collection efforts related to the portion of the debt that was found to be inaccurate and on correction of the item send, to each person who has previously received a report from the third-party debt collector containing the inaccurate information, notice of the inaccuracy and a copy of an accurate report.

(d) If the third-party debt collector states that there has not been sufficient time to complete an investigation, the third-party debt collector shall immediately:

(1) change the item in the relevant file as requested by the individual;

(2) send to each person who previously received the report containing the information a notice that is equivalent to a notice under Subsection © and a copy of the changed report; and

(3) cease collection efforts.

(e) On completion by the third-party debt collector of the investigation, the third-party debt collector shall inform the individual of the determination of whether the item is accurate or inaccurate. If the third-party debt collector determines that the information was accurate, the third-party debt collector may again report that information and resume collection efforts.

So basically, you can dispute the debt with the CA (equivalent to asking for validation under the FDCPA), and the CA must respond within 30 days. So under Texas law, they can't ignore it.

They have to investigate, and inform you of the results. And just like with the FDCPA, they can't try to collect until they validate.

This is very good info for anyone living in Texas.

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...another reason I'm glad I did my research about the debt laws in Texas!

Gave me a great upper hand when dealing with the collection agencies.

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