Author Topic: Debt Validation letter sent after 30 days............  (Read 1995 times)

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bigdave

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Debt Validation letter sent after 30 days............
« on: June 07, 2010 12:34:31 AM »
Big Dave again................I sent the CA a debt validation letter after the allotted 30 days that they mentioned in their letter.....(had not yet discovered the great folks of debtorboards)...I followed the advice of making it simple and to the point....." I dispute this debt and request validation.  May it be further noted that phone calls to any number at any time are inconvenient."  I sent it certified with return receipt and reeived the receipt yesterday showing they signed for it on May 29, 2010.  Since it is after the 30 days, are they required to 1. Validate debt and 2. Stop all calls? Also, how long must I wait for a response from them? I know there is case law stating that even though I responded after the 30 days, it is not an admission of the debt?

cbarnett97

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Re: Debt Validation letter sent after 30 days............
« Reply #1 on: June 07, 2010 01:14:52 AM »
They can still contact you(by mail since you revoke phone priv.) and they must update your CR to show account disputed. As far as the validation is concerned they are under no obligation to verify it for you since your initial 30 days are up

Lecasbas

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Re: Debt Validation letter sent after 30 days............
« Reply #2 on: June 07, 2010 02:48:25 AM »
Quote
I know there is case law stating that even though I responded after the 30 days, it is not an admission of the debt?

There may be some case law dealing with this issue but what you want is actually in FDCPA 809:

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

So, ideally, an "account stated" claim should automatically fail.
 
For example, if you were served in the wrong county at an old address, you did not show because you did not know about the summons, the collector got a default judgment, the collector found you at your new address and demanded money because they had a judgment, you could cite, as one of your defenses for vacating the judgment, that the FDCPA disallows admissions of guilt for not answering a claim for a debt.

I don't have any case law for this last part...just my opinion.  But, you know how it is in court, if it makes sense, throw it into the mix because if you don't, you cannot bring it up in the appeal process.

cbarnett is correct that there is no obligation for the collector to send for validation and that the collector could still contact you by other means than phone.  The collector still has to report the debt as disputed.  Keep an eye on your credit report.

If you don't want the collector contacting you at all you could send a C&D or simply say "I refuse to pay the debt" and the collector is limited pretty much to court action or going away.

Some say that you should not do this because by not contacting you again the will not make more violations.  Or, since the collector is only left with suing or going away, the next thing you may receive is a summons.

I usually say that "I refuse to pay" because the collector does not know that this is also a C&D in disguise.  They continue to call and send dunning letters anyway in complete disregard of the arcane C&D.

FDCPA 805

(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate
further with the consumer with respect to such debt,


Some will also say that sending for validation after 30 days is useless.  I don't think it is because this is part of the process of settling the matter out of court.  Sometimes judges get pretty upset when one party goes straight into court without attempting an amicable solution outside of court.
« Last Edit: June 07, 2010 02:53:45 AM by Lecasbas »

repair77

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Re: Debt Validation letter sent after 30 days............
« Reply #3 on: June 14, 2012 02:06:49 AM »
I'm only about 6 months into my education on credit repair, so please bear with me if I'm asking a stupid question.

How can say "I refuse to pay," thus invoking a C&D, and at the same time request validation?  Doesn't validation require communication?  What am I not getting? 

arnanda

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Re: Debt Validation letter sent after 30 days............
« Reply #4 on: June 14, 2012 03:05:08 AM »
Even after 30 days if you dispute it, they still have to stop collection efforts to investigate your dispute. 

The C&D section includes the sentence if you write to the CA that you refuse to pay, they have to stop all efforts, but can contact you once to state that they will sue you (if that's their intended course of action).

Really doesn't make sense to do C&D with requesting VOD.  You could but you'd have to indicate that you only will receive VOD but no further contact after that.
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