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Collection case dismissed w/o prejudice, now what?


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Violation of the FCRA if they don't have good documentation.  You don't have to go through with the suit, see if you can bluff them.  It's not illegal.  

 

I definitely agree they could be in violation of the FCRA if they don't have good documentation.  But doesn't an OC usually have pretty good documentation? 

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I definitely agree they could be in violation of the FCRA if they don't have good documentation.  But doesn't an OC usually have pretty good documentation? 

Not always.  They typically keep records for 3 years and that's it.  By sending them the letter you can force them to tip their hand.  

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I received a statement from cap1 and a collection notice from lrlo for same account. I sent out debt validation notice to both. Cap 1 responded they would get back to me. Lrlo sent me a court summons. I thought if a creditor did not validate within 90 days they cannot collect per FCBA.

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If you're referring to debt validation as described by the FDCPA, original creditors are not required to validate a debt.

 

The FCBA has to do with disputing billing errors such as unauthorized or inaccurate charges, fees, etc. on a billing statement. 

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