Debt Validation Question

[Jen3786]

Hello,

I sent a debt validation letter for a debt that is currently listed on my credit report. Portfolio Recovery Services replied with the following information:

- Accnt detail page with my name , address, original creditor, current creditor, balance, accnt number, a couple of statements, and proof that they have right to collect. 

What are my options after receiving this information? I reside in Harris County, TX. 

 

[Clydesmom]

44 minutes ago, Jen3786 said:

What are my options after receiving this information?

When did you default on the debt?  Whether or not they can still sue you very much affects what you can or should do next.

Edited to add:  I see according to your thread from yesterday they already did sue you.  You need to defend the suit.  DV has been satisfied and they have filed in court.  Validation is the least of your problems now.

[Jen3786]

Yes, they served me and I have until this Saturday to submit and answer. I have been looking at various threads, 1 person recommended that I look into arbitration, but I am finding that very hard to understand without the help of a lawyer. I am planning to e-file my answer this week, but am currently researching how this should be written up. Any thoughts? 

The debt is under 4 years old, so using the defense of it being over 4 years is not really an option for me at this point. 

[fisthardcheese]

On 6/22/2019 at 12:18 AM, Jen3786 said:

I sent a debt validation letter for a debt that is currently listed on my credit report

This is pointless.  They are not required to respond to this at all.  "Validation" only applies within the first 30 days after they first send you a collection letter or call you to collect a debt.

[Clydesmom]

33 minutes ago, fisthardcheese said:

They are not required to respond to this at all.  "Validation" only applies within the first 30 days after they first send you a collection letter or call you to collect a debt.

1000% NOT accurate for Texas.  Consumers in Texas can dispute at ANY time as long as they invoke the Texas Finance Code 392 when they do it.  It does not matter how they found out about the debt or when.  Texas is very consumer friendly and gives their residents WAY more options than most states.

[Amerikaner83]

3 minutes ago, Clydesmom said:

1000% NOT accurate for Texas.  Consumers in Texas can dispute at ANY time as long as they invoke the Texas Finance Code 392 when they do it.  It does not matter how they found out about the debt or when.  Texas is very consumer friendly and gives their residents WAY more options than most states.

Clydesmom is correct.  Some states (Texas obviously included) have much better consumer protections than others.  It always behooves someone to research their state laws to see what (if any) extra provisions apply to them.

OP is in Texas, so if we were to go back in time, OP could DV anytime.  HOWEVER it appears as if we're past that now...as OP has already been sued.

And, based on the original post, it would reasonably appear that the information provided by them constitutes validation of the debt.

 

[fisthardcheese]

1 hour ago, Clydesmom said:

1000% NOT accurate for Texas.  Consumers in Texas can dispute at ANY time as long as they invoke the Texas Finance Code 392 when they do it.  It does not matter how they found out about the debt or when.  Texas is very consumer friendly and gives their residents WAY more options than most states.

392 allows the specific dispute of an inaccurate amount, but not a general validation requirement.  So, perhaps it's more like 50% accurate. (By the way 100% is the most you can have).