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To Validate or Not to Validate?


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Midland Funding LLC, currently purchased 2 outstanding debts and sent me notice in the mail they had purchased the accounts and offered a settlement to those accounts.

1 is 3-4 months past SoL and the other has 6 more months before sol expires. The question is should I send a Validate letter to them or just let it go and hope they try to collect for another 6 months?

Normally, I would DV them but with SoL so close I am at a loss for what action I should take.

Any suggestions?

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99% of the time (that might be a low figure) Midland can't prove their case if it were to actually go to trial. Throw in the fact the one debt is so close to the SOL, it must be very old and they bought for maybe one cent on the dollar.

I guess the better question is, are they on your credit report and do you care if they sue you. Personally, for myself and some others I know, getting sued by Midland on any debt, but one that is outside the SOL, would be reason to throw a party and wonder what good deeds you had done to deserve such great luck.

I'm sure it goes without saying but the debt outside of the SOL you won't be paying for any reason? I assume you only care about the one 6 months out of the SOL?

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Well of course the question is only about the one currently outside of SoL. I have been sued before but I pulled the arbitration card and that completely smacked the attorney upside the head. They were compelled to initiate and that was that they offered a mutual walk-away.

I would prefer not going to court but I am somewhat comfortable there before of previous lawsuit, however, I did answer but I didn't need to seeing the Motion to Compel would have been sufficient and I had no experience with pre-trial discovery and admissions.

The question really is would you Validate or not given you would prefer not going to court or is validation that important that I should validate. Nevada Law has an additional requirement to validation "that the CA obtain or try to obtain any documentation from the creditor that is reasonably responsive to the dispute, and mail that documentation to the alleged debtor."

Just looking for advice my time is running close to ending and I need to send it out in a few days to ensure they receive it in time.

No they currently are not on my credit report I believe they will wait till the 30 days are up before doing that if they even do so.

Edited by Bradly1
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  • 2 weeks later...

Bradly1,

I think I found the NRS you cited.

NRS: CHAPTER 649 - COLLECTION AGENCIES

NRS 649.332 Verification of debt.

1. To verify a debt, a collection agency shall:

(a) Obtain or attempt to obtain from the creditor any document that is not in the possession of the collection agency and is reasonably responsive to the dispute of the debtor, if any; and

(B) If such a document is obtained, mail the document to the debtor.

2. When collecting a debt on behalf of a hospital, within 5 days after the initial communication with the debtor in connection with the collection of the debt, a collection agency shall, unless the following information is included in the initial communication, send a written notice to the debtor that includes a statement indicating that:

(a) If the debtor pays or agrees to pay the debt or any portion of the debt, the payment or agreement to pay may be construed as:

(1) An acknowledgment of the debt by the debtor; and

(2) A waiver by the debtor of any applicable statute of limitations set forth in NRS 11.190 that otherwise precludes the collection of the debt; and

(B) If the debtor does not understand or has questions concerning his or her legal rights or obligations relating to the debt, the debtor should seek legal advice.

3. As used in this section, “hospital” has the meaning ascribed to it in NRS 449.012.

(Added to NRS by 2007, 2500)

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