I posted a little over a month ago about a CA that had sent me a letter trying to collect a debt on a vehicle that my ex-husband had re-po'd over 10 years ago. This was the 1st time I had heard anything about the debt. I sent a validation letter right away stating that I was disputing the debt and that the SOL had passed and I haven't heard anything back. Don't they have to respond within 30 days? I sent my letter Certified, Return Receipt so I know they received me letter. Wondering if I can breathe a sigh of relief yet or not.
They don't have to respond, except that if you disputed within 30 days of their initial letter, they cannot continue to collect until they do respond. I've heard that in TX, they do have to respond in 30 days, or they have violated some TX consumer protection law. Have they placed any TL on your credit reports?
I don't have their letter with me but I seem to remember them saying that they would respond within 30days if I disputed their claim. What is a TL? They tried to put a hard inquiry on my credit so I called the credit bureau and they removed it. Since they are way past the SOL they can't put anything on my credit report can they?
What SOL for suing is depends on your state law. At 10 years, they are past the 7 year plus 180 day max credit reporting period. TL = Trade Line, their listing of the account on your credit report. If this were not past SOL, would you even have any responsibility for this debt? Was your name on the loan? Were you married at the time the loan was taken out, and were you in a community property state? These issues may be irrelevant if it's past SOL, and past the credit reporting period, but if you never even had any legal responsibility for the debt, and they just pulled your name off your ex-husband's credit report and figured they could get the money from you by harassing you, assuming you were an ignorant consumer, it may give you additional leverage to get them out of your life if there was never any legitimacy to their collection claim. "I don't have their letter with me but I seem to remember them saying that they would respond within 30days if I disputed their claim. " If it complied with FDCPA, their letter probably said that if you did not dispute the debt within 30 days, they would assume it was valid. You have disputed it, and if you did it within 30 days, under FDCPA, they should not assume it is valid. As far as how long they have to respond to your request for validation, FDCPA does not say, and courts appear to differ. As I said, TX has its own requirement that they respond in 30 days, if you reside in TX. Nonetheless, you could follow up in 60 days with another letter (CRRR), reminding them that you requested validation of the debt, that they said they would send it, that they had not sent anything at all, and asking them when they intended to do so. This might have little value, unless they continue to harass you, post inquiries on your reports to pull your scores down, or later claim the debt is not past SOL. You would basically be preparing to undermine their likely "bona fide error" defense should you have to sue for continued FDCPA and FCRA violations. (I am not an attorney.)
SOL has run out so no fear of being sued. Was your name on the car? If not no worries, they are more than likely just barking hoping that you will get scared and pay debt thats not legal for them to persue. Free money to them. whatever you do dont talk to them and by all means do not agree to pay a dime. Even if they threaten to harm you or some other nonsense like that. If you pay now they are going to reage plus you'll have a tl for another 7 years for something that wasnt yours and past SOL
The notice is that YOU have 30 days to respond, or THEY will presume that the debt is accurate. Unless your state requires a response, they don't have to provide one, although one jurisdiction did rule that not providing validation is a false and misleading representation that (as the notice requires them to state) they would provide that validation to the consumer.
