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Hey all, thanks so much to all of you who answer the posts, been great reading for the last two weeks as I get more knowledgeable regarding this endeavor. FYI I have googled and searched in this forum for the answer first, just couldn't find the answer.

 

My first question as I begin this process:

 

Opinion on DV Timing

 

My negative TLs are all from 2008, most are over 5 years SOL which is the case in Florida for written contracts, by a month or so.  However one will not be until a month or so in the future.  Questions:

 

Is it better to wait for all to be past SOL to begin the process?  (my thought is if my DV'ing some lines will spark action in others that are not past the SOL)

 

Secondly, some forums suggest adding 6 additional months for an SOL to take effect.  Should I wait now until all are 5 years 6 months old at least?

 

Finally, and this may be the stupid(er)question; if i have no judgements listed on my three credit reports from these old debts, can I be relatively certain that they have not gone to judgement, or are there other areas to look in?

 

Thanks for any advice.

 

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Debt collectors don't have to respond to a DV request unless you sent it within 30 days of their first letter that contains the 30-day notice regarding your validation rights.  You can send a DV request at other times, but the collector is not required to validate the debt.

 

If you want to dispute the entries on your CR, that's different.  You can dispute the entries with the credit reporting agencies as "not mine", and see what happens.  If the collectors verify, make sure each entry is correct.  If you find anything that's possibly incorrect, dispute each inaccuracy in a single entry one inaccuracy at a time. 

 

Regarding the one entry that's a month away from the SOL, I'd wait a month to dispute it.

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Credit cards in Florida do not have a set SOL, there's no case law yet, but the arguments that have been in small claims and so, go for a 4 years SOL. Also depending on the cc issuer it might well be 3 years, for example a Bank of America cc with a Delaware choice of law is 3 years SOL, and Florida will honor the choice of law in the card holder agreement. So your debts are past SOL regardless as per the choice of law or as per Florida SOL.

 

So you could DV them right off the bat and just sit down, if they respond or call just ask them for that, if they actually keep annoying you do a cease and desist. They are not required to respond to your DV, but if they don't they know that collecting would be pretty impossible. You could just C&D them right off the bat, but I would DV them first and fish for any FDCPA violation.

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Thank you both for your quick replies. I am a little confused.  Do I dispute as "not mine" or any of the other 8-10 other ways to dispute, even if it IS mine or the other reasons are, in effect, correct?

 

Also to send DV's to CAs or OCs before the CRA get dispute letters, seems counter to some of the experts on this forum.  In fact, there seems to be a little disagreement. On the newbie posts one person strongly states several times to dispute to the CRA's first then to the CA's. Another poster who developed a flowchart that is really helpful, i believe said to do both at the same time. Is this just a matter of opinion?  

 

Also, any opinion on not seeing judgements on my Credit Reports on these TL's means there aren't any?

 

Thanks again for all you do for the rest of us.

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At this point you ain't gonna get a lot disputing with the CRA, you will probably just spend money on cmrr letters. All what they are gonna do is reduce your dispute to a 2 digit code and send that to the JDB, they will likely just verify it and game over. On the other hand if you do a debt validation directly to the JDB you might get them into a FDCPA violation, if so you can sue them and get rid of them all together. So my advice is to do a DV first and see what happens.

 

Your Name
Your Address

Date

By Certified Mail, Return Receipt Requested

Name of Debt Collector
Address of Debt Collector

Re:  Your Account No: ____ (“Account”)

Dear Sir/Madam,

 

I hereby dispute and demand proper validation of the alleged debt owed on the Account. Please send me verification of the debt or a copy of any judgment against me. Please provide me with the name and address of the original creditor, if different from the current creditor.

 

Sincerely,

Your Signature
Your Name

 

 

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At this point you ain't gonna get a lot disputing with the CRA, you will probably just spend money on cmrr letters. All what they are gonna do is reduce your dispute to a 2 digit code and send that to the JDB, they will likely just verify it and game over. On the other hand if you do a debt validation directly to the JDB you might get them into a FDCPA violation, if so you can sue them and get rid of them all together. So my advice is to do a DV first and see what happens.

 

The only FDCPA violation would be if they don't update their entry as "disputed" but continue updating the entry.

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That's one, but they might go for others, they could reage it, misrepresent the debt, not providing the address of the OC if they respond, among others. You just need to be creative when you read. They might also threaten to sue in response who knows, it's like putting a match on a powder cage it might explode it might not.

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  • 2 weeks later...

Thank you both for your quick replies. I am a little confused.  Do I dispute as "not mine" or any of the other 8-10 other ways to dispute, even if it IS mine or the other reasons are, in effect, correct?

Yes, dispute with the CRAs as not mine.  

 

Also to send DV's to CAs or OCs before the CRA get dispute letters, seems counter to some of the experts on this forum.  In fact, there seems to be a little disagreement. On the newbie posts one person strongly states several times to dispute to the CRA's first then to the CA's. Another poster who developed a flowchart that is really helpful, i believe said to do both at the same time. Is this just a matter of opinion?  

Always dispute with the CRAs first.  

 

Also, any opinion on not seeing judgements on my Credit Reports on these TL's means there aren't any?

I'd say that is a very strong bet.  

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