CA WTF, letters still, acct in disp

From the FDCPA:

§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(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.

 

Awww shucks backspace, you're welcome

 

backspace,

What type of letter did they send you? Was it a straight attempt to collect on the debt? If so, and they did sign for the validation letter, and it simply has not gotten back to you yet, then yes it is a violation.

I suggest you wait out until like Tuesday or Wednesday of next week to see if you get the green card back. Also, you may be able to contact the PO to see if they have a signature on file. Now if it turns up missing or undeliverable (because recepient would not sign) that's your proof that you attempted to get them to correct their records. If this CA is going to be stubborn, you may want to send your estoppel by FedEx.

Keep me posted on this.

 

You're welcome


Also, as I know you certainly know, sending a collection letter without the mini-miranda is a violation.

§ 807. False or misleading representations [15 USC 1962e]


(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

 

Yes it would be considered continued collection activity if the first two letters were sent/dated AFTER the signature on the green card. So at this point we can't be sure about that until you get the green card back. iIf you don't get it back by Tuesday or Wednesday, call the post office and read them off that number on your part of the certified slip, that way if the green card is in transit, or got lost, you can get a duplicate signature.

I suggest you at least wait until you have some sort of confirmation on the green card situation. You don't want to be sending them a letter claiming several violations when you won't be able to back it up (just in case it gets to the point where you would NEED to be backing it up)
AS far as playing hard ball goes, is this a large debt? Like $1K plus?

Producing a check you wrote to the OC is kinda not so good. However, I'm wondering if it would be considered full and proper validation. Anyone have any suggestions?

It's odd, but not unheard of. In fact its happened to me. I sent a CRRR letter, never got the green card back, never got the letter back as "undeliverable". Sent a second letter signature confirmation, same deal (well no green card to come back). Never came back as "undeliverable" so it HAD to have been delivered, however no signature could be located, or any delivery record.