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DV Question


GuyinNVA
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I know that you have 30 days to send a DV to a CC. What happens if you send the DV 2 months after the fact? Don't they still have some duty to provide proof the debt belongs to you? If they don't have to respond to the DV can you take them to court?

It just seems weird that after the 30 days the CC has no obligation. But there has to be other ways to make them respond.

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I know that you have 30 days to send a DV to a CC. What happens if you send the DV 2 months after the fact? Don't they still have some duty to provide proof the debt belongs to you? If they don't have to respond to the DV can you take them to court?

It just seems weird that after the 30 days the CC has no obligation. But there has to be other ways to make them respond.

If you're referring to the original creditor, they don't ever have to respond. OC's are not bound by the FDCPA.

Collection agencies and debt collection attorneys are bound by the FDCPA. However, if you don't send a DV request within the 30 days of their first communication, they don't have to respond and can continue collection efforts. That's the law.

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I know that you have 30 days to send a DV to a CC. What happens if you send the DV 2 months after the fact? Don't they still have some duty to provide proof the debt belongs to you? If they don't have to respond to the DV can you take them to court?

It just seems weird that after the 30 days the CC has no obligation. But there has to be other ways to make them respond.

Not at all - you have to dispute the debt within the first 30 days...after that the law allows a CA to consider it valid and pursue.

If a CA does not respond, you cannot take them to court unless the continue collection actiivty - calls, letters, etc.

Of course if this is an original creditor - none of it applies.

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So you are saying after 30 days you cant go after the collection agency whatsoever?! Even if the debt is not yours! There must be other options.

Do most CA respond to validation letters after the 30 days?

If the CA does not respond, dosent the CRA have to still investigate?

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So you are saying after 30 days you cant go after the collection agency whatsoever?! Even if the debt is not yours! There must be other options.

Do most CA respond to validation letters after the 30 days?

If the CA does not respond, dosent the CRA have to still investigate?

You can't go after them for not responding to a DV request, but there are other violations they can commit. Read up on the FDCPA.

Some CAs will respond after 30 days.

If you dispute an entry on your CR with a CRA, the CRA must investigate, respond, and the entry must be reported as disputed. You can dispute an entry on your CR directly with the CA, and they must report the entry as disputed, as well.

However, your first dispute of an entry should be with the CRAs.

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You can't go after them for not responding to a DV request, but there are other violations they can commit. Read up on the FDCPA.

Some CAs will respond after 30 days.

If you dispute an entry on your CR with a CRA, the CRA must investigate and respond. In addition, the entry must be reported as disputed.

Thanks!

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No...you can only dispute and ask for validation within 30 days of them contacting you. After that, they do not have to answer you and can deem the debt valid and continue collections.

Do most CAs respond - depends. Most drop your account and send it back to the OC or to another CA.

As far as the 2nd question - you have to send a separate dispute to the bureaus.

If a debt is truly not yours, you can go after a CA for harassment (works well for me) and possible FDCPA violations.

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So you are saying after 30 days you cant go after the collection agency whatsoever?!

Of course not, but you can't go after them for not providing you DV if your request is not within 30 days of receipt of their letter.

Also keep in mind while the law allows them to assume the debt is valid after 30 days with no response from you, that assumption is not granted them if they sue you. They still have to start from scratch and prove their case. However, for collection purposes outside of court they can assume the debt is valid.

You know what they say about assuming? You might just be better off with them having that assumption. They tend to act a lot more non compliant when they think they are dealing with somebody that does not know their rights. Sending a timely DV letters, big time, raises red flags to a collection agency.

I read on a collection agency message board once, a collector was complaining they felt ripped off with their purchased accounts because they were getting DV letters at a rate of about 1 in every 100 as opposed to about 1 in every 300.

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Of course not, but you can't go after them for not providing you DV if your request is not within 30 days of receipt of their letter.

Also keep in mind while the law allows them to assume the debt is valid after 30 days with no response from you, that assumption is not granted them if they sue you. They still have to start from scratch and prove their case. However, for collection purposes outside of court they can assume the debt is valid.

You know what they say about assuming? You might just be better off with them having that assumption. They tend to act a lot more non compliant when they think they are dealing with somebody that does not know their rights. Sending a timely DV letters, big time, raises red flags to a collection agency.

I read on a collection agency message board once, a collector was complaining they felt ripped off with their purchased accounts because they were getting DV letters at a rate of about 1 in every 100 as opposed to about 1 in every 300.

Thanks for that

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Getting more knowledge the more I read - now I understand the CR and OC and DV relationship. What if I say I never got the bill or the call - does that work - ever when you send a DV - fact is the folks that are hounding me and reporting in WA - I dont ever remember seeing anything from them,,,

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