USELESS AND BASELESS VALIDATION REQUEST

[BV80 2,797]

1 hour ago, Goody_Ouchless said:

That makes sense. I may be totally wrong here, but the whole DV thing seems like a distraction - they can just sue, right, rather than sending yet another letter? I'm just talking about the major players, but if they have their house in order regarding not violating, all a DV request does is tell them that they found the right person.

 

 Depending upon how one’s courts have ruled in light of Henson v. Santander, , an entity that is still subject to the FDCPA cannot file a lawsuit after receiving a timely DV request until the debt is validated.    Filing a lawsuit before validating would be considered continued collection activity. 

[Goody_Ouchless 507]

OK, well that is at least some tangible benefit. I stand corrected.

[fisthardcheese 1,486]

14 hours ago, BV80 said:

 

 Depending upon how one’s courts have ruled in light of Henson v. Santander, , an entity that is still subject to the FDCPA cannot file a lawsuit after receiving a timely DV request until the debt is validated.    Filing a lawsuit before validating would be considered continued collection activity. 

Not only does it buy you a little time by forcing them to respond before they can sue, but as I have always said, it is a hoop to make them jump through, if nothing else, just for the sake of "you can".  The clown at the circus practices jumping through hoops and somersaulting to a grand pose on the other side.  He practices this every day of his life and is an expert.  He hits that move without even a stutter step 500 times in a row.  But it only takes that one time that his foot catches the hoop on his jump to cause a crash to the ground on that night. Yes, it is rare, but it happens. When it does, it gives you leverage you can use to help defend yourself.

13 hours ago, Goody_Ouchless said:

OK, well that is at least some tangible benefit. I stand corrected.

You are thinking of this in terms of the big guns like Cavalry and Midland.  But it is rare that they directly sue.  Generally what they do is farm the accounts out to the local attorney collection mill office and the first thing that attorney's office does is send a new collection letter (with the scary looking official attorney header). This letter is now your first contact from a new debt collector and triggers the 30 day DV period again.  THIS is where I find the DV most helpful.  Yes, Midland may have a well oiled machine, but Barney Fife at the local rent-a-lawyer office may not be so refined.  This is where I found my past violations that turned 2 lawsuits against me into situations where I received a check instead.

 

[BV80 2,797]

If you locate a site or article that is particularly helpful, please post the link.

Here is one.

https://toughnickel.com/personal-finance/Debt-Collectors-collection-letter-and-debt-collection-lawsuits

 

[womanonfire 2]

On 2/21/2018 at 6:05 AM, fisthardcheese said:

You are thinking of this in terms of the big guns like Cavalry and Midland.  But it is rare that they directly sue.  Generally what they do is farm the accounts out to the local attorney collection mill office and the first thing that attorney's office does is send a new collection letter (with the scary looking official attorney header). This letter is now your first contact from a new debt collector and triggers the 30 day DV period again.  THIS is where I find the DV most helpful.  Yes, Midland may have a well oiled machine, but Barney Fife at the local rent-a-lawyer office may not be so refined.  This is where I found my past violations that turned 2 lawsuits against me into situations where I received a check instead.

 

I know this is an older post but can you link to a thread of the details of that lawsuit or provide them here? I have two accounts that were just transferred to Hyat, Hyat, & Landau; one B of A (8k) and one Sync (5k). Because both sent me a 30 day notice and I'm trying to negotiate settlement, my strategy is to ask for phone validation at the eve of the 30 day time frame to buy more time. That's the only thing I can come up with. Thanks!