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Debt Validation After Thirty Days


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Can I still use the debt validation letter if it has been over thirty days since a collecton agency sent notice?

There is a collection agency telling me that I cannot because they initiated contact over a month prior to me submitting the debt validation letter. Sounds like hogwash.

The funny thing is that the collection company responded to the debt validation letter in spite of their protests that I had no recourse to the debt validation.

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Some CAs may be sufficiently fearful of FDCPA lawsuits that they will do the minimum legally required validation even if the DV level arrives late. One factor that may be causing this is the fact that the (alleged) debtor can claim they didn't receive an earlier initial contact. CAs would not want to CMRRR all those first contacts to make it easy to prove the 30 days have past, due to the cost. Just sending the minimum validation is cheaper, and perhaps cheaper in total than the loss from the (possibly increasing) FDCPA lawsuits. They may well say anything over the phone just to get you to not burden them with a couple minutes of paperwork (they probably have an app for that).

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So there is no limit on the amount of time I have to submit a debt validation letter to a collection agency?

Here's the rule:

If you send a DV request within the first 30 days after a CA's first contact, they cannot continue collection efforts until they validate the debt. However, if you send it after the 30 days, they don't have to respond and can still continue to try to collect.

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The advantage of a debt validation is gone if sent after 30 days. They MAY choose to send a "validation" anyway (some do, and I suspect for reasons related to being sure they don't have to prove you got the first communication if they have sent others). What's I'd suggest is just a dispute letter. That forces them to flag their CR info that the matter is in dispute.

Then you have to decide if you want to let them try to collect (by doing nothing) or force them to decide between suing or not (by sending them a cease communication letter). If you want to send the CC (aka C&D) I'd suggest waiting 30 to 60 days to see if they respond to the dispute letter. After the CC they can't.

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Can you request another debt statement from them?

You can request anything in the world you want from them. They are only required, by law, to honor that request if made within the first 30 days after initial communication.

They are likely to honor your request because they want to get paid and don't want to look bad in the courts eyes by not providing a debtor information to pay the debt. However, they are under no legal obligation.

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Ok. How about if you request DV by saying that you saw the debt on your credit report and you wanted more information? Does that work for DV or does the 30 day rule still apply?

That is a good way to force the creditors hand by implying in your letter that you are responding to their first communication with you. Obviously reporting on credit is communication with you. Why else do you report if not to communicate in an effort to get payment.

I would defiantly word my letter where they are under the gun to either dispute the communication is outside the 30 day window or accept it is inside the window and respond with DV.

Another trick (I mean method) is to put in your letter.

Dear CA,

This letter is in repsonse to your initial communication with me dated XXX (make it wihin 30 days of the date of your letter). Then ask for DV.

It at least flips the burden of proof to them to prove, if they want that argument, the request is outside the 30 day window.

The main thing to keep in mind is that DV is pretty much nothing and they are only required to give you the creditors name and alleged amount due and pretty much say, yep we checked and the records are correct, contrary to all the demand everything but the kitchen sink letters.

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