Question on 30-day DV letter

[ahearn]

Hello there, just joined and unfortunately I'm in the position of having to send out a Debt Validation letter to a CA who contacted me about a debt from Europe, forgive me I'm legally here from Europe.

 

My question is this (and I have searched high and low but have not got the answer).

 

With the 30-day limit to request debt validation, I understand the clock starts when I become aware of the debt assigned to the CA, i.e. they sent a letter and phoned, phone- call came first as I was out of town and did not get letter until returning.

 

However, I'm a little unclear when the 30-day limit stops?  if I post the DV letter within the 30-day limit am I okay? i.e. posting it on day 29 but it arrives on day 32...or do I have to have it arrive at the CA office within the 30-days?

 

Thanks for your responses and, well guess it's a long and slippery road to getting things right.

 

 

[admin]

I'd say if it were received by 30 days from receipt of the letter, you are fine.  You are sending it CMRRR, right?

[ahearn]

yes it will be sent certified return receipt requested. 

 

Thanks for the response, I find it hard to find clarification on this time-limit other than people's opinions.  So it's difficult to know if one should wait until day 29 and post or post to arrive within 30days.  Guess err on the side of caution.

[admin]

Thanks for the response, I find it hard to find clarification on this time-limit other than people's opinions.  So it's difficult to know if one should wait until day 29 and post or post to arrive within 30days.  Guess err on the side of caution.

 

Definitely. 

[Torden]

Yet another example of why Congress should vet the wording of all laws through the fine folks at CIC before passing them.

[BTO429]

You have 30 days from the day you receive the letter. As long as the post mark is within that time frame it matters nill about when they receive it. You will have the green card to prove when it was mailed. If they mail takes 90 days to get it to them it matters not, you have a green card that states the date it was mailed. you will also get a receipt from the post office with the same date, make sure you keep the receipt.

 

In court laws are interpreted to mean what they say and say what they mean.

 

Lets examine the law:

§ 809.  Validation of debts   [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector

 

A court will examine the bold area of the law, now even a person with no legal training at all can read and interpret what it says and what it means. A court will follow what the law says. And if you have proof you sent cmrrr mail within that thirty days and for some crazy reason they do not receive your mail for lets say a whole year. that is not your problem. You can prove when you mailed it.

[ahearn]

thanks again for the response, I appreciate the time you folks have taken to respond.

 

If their letter was dated 1st of month, I received phone call 7th month and was able to open letter (after returning from being out of state) 8th of month - puts the last day to post out the DV letter as 6th of the following month assuming a 31 day month (if my math is right)?

[admin]

Sounds right to me.  But I'd get it there as soon as possible no matter what. 

[Torden]

Agreed.  No advantage to delay DV timing to the last day, unless you are shaving hairs to get them past an SOL.  The sooner you have the green card back the sooner they know that you know that they can't collect anymore without providing the DV response.