A collector for a CA attorney tried to tell me that per the fdcpa a faxed dispute/validation letter would not hold up in court and does not count? I do not remember seeing this. He stated that the dispute must be sent in writing and certified mail. As you cannot believe a CA if you life depended on it has anyone had a faxed copy count in court?
Um...I work at a law office and faxes DO hold up in court. Be sure to keep all fax transmission reports. As backup, if it is long distance, I pull the phone bill to verify it went through to their number. When it comes to answers to petitions etc , those can be faxed as long as a copy is mailed crrr as well postmarked the same day.
(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. The FDCPA says the consumer only has to notify in writing. the verification has to be mailed. I have faxed them, but always follow up CRRR. Remember how some on here claim they don't receive their dunning letters, validations, etc., unless its CRRR? I wouldn't bet the CA's will use that in reverse. We never got the fax...it must not have transmitted, the fax was out of paper, or power outage and we lost it before we printed, etc. I don't bank on faxes alone.
When I sent out the 2nd fax I called back in 5 minutes and he said he got it. 1 month later he said he didn't and when I reminded him I called to verify(I taped it wink) he said oh yah he did. Now I call today and he gets my jan 3rd fax on feb 19th. where oh where did that little fax go.
