Debt Validation Question...

Discussion in 'Credit Talk' started by Mr T, May 21, 2013.

  1. Mr T

    Mr T Member

    I have noticed a lot of you guys say send Debt Validation before the 30day mark after you receive a collection notice from a collector. I am just curious why you guys are saying that...Just trying to educate myself a little bit more on this stuff.
     
  2. jam237

    jam237 Well-Known Member

    809 of the FDCPA has a caveat, most CAs would be remiss to go by it, because they could actually be asked if they can prove the consumers receipt of the initial communication.

    (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.

    So, by statute, if the CA could prove you received a communication with the 809 notice more than 30 days prior, they COULD continue collecting.
     

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