SFinAZ

DV sent and returned...where to go from here.

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I received the 30-day letter from an attorney representing Midland. I sent them a DV asking for the following points:

• What the money you say I owe is for;

• Explain and show me how you calculated what you say I owe;

• Provide me with copies of any papers that show I agreed to pay what you

say I owe;

• Provide a verification or copy of any judgment if applicable;

• Identify the original creditor;

• Prove the Statute of Limitations has not expired on this account;

• Show me that you are licensed to collect in my state; and

• Provide me with your license numbers and Registered Agent.

I sent this a few weeks ago and they responded with a packet of cc statements. Is this all they are obligated to send me?

The next day I received another letter from them telling me my obligation to this debt.

Is this the end before I am served or is there something else I can do?

I have read the DV flowchart and been reading about the 623 method, but it doesn't seem like it has a lot of good results.

Thanks in advance.

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The CA is not obligated to provide you with all that information you requested. FCRA just states your are entitled to receive the name of the original creditor and the OC contact information. A good DV letter only has to say something like

Midland

To whom it may concern,

Account #XXXXXXXXXX

I dispute the validity of this debt and demand validation of this alleged debt.

Me

That's its. As long as the credit card statements have the OC name and contact info, they have done their part. I don't know if you will be served, they may just be trying to scare you or they may file suit but remember a lawsuit has to be worth it for them. They may let it go or they may not but either way there isnt much else you can do now. Send a letter saying that you received their letter and the debt remains in dispute and then wait and see.

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Thanks for the prompt reply...

I thought they may be trying the scare tactic as well but I am unsure.

I guess if that is all I can really do I will do that.

Anybody else have any info?

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I sent this a few weeks ago and they responded with a packet of cc statements. Is this all they are obligated to send me?

Actually it's a ton more than they are obligated to send you. Your demands in a DV have zero legal authority backing them.

The next day I received another letter from them telling me my obligation to this debt.

They validated the debt so they are now continuing collection activity.

Is this the end before I am served.

Absolutely no way in the world to know the answer to that. That would require Racecar's crystal ball and unless he got it fixed, it's still out of order.

Or is there something else I can do?

You can keep disputing the debt and start reading this board and preparing for a lawsuit. If one comes you will be ready and if one does not come you will have educated yourself.

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In Michigan not including the date and amount of the last payment is a violation of State Law, check your Arizona statutes and start documenting any potential violations of consumer laws for a cross-counter claim

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If you beleive this is not your debt, I would write them back and say thanks for the statements but this is not a debt you recognize as yours and ask them for more, precise info ( such as a paymentclip or an aplpication. They probably don't have anything more, but it will put them on their heels.

Or check the dates on the statement, maybe it is outside the SOL. Nothing stops you from questioning the debt. Just be prepred to defend if they do sue

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