Goof States Inquiry Violation?

No

 

It is illegal only if you sent the validation within 30 days of their initial communication to you. If after 30 days, they still must validate, but can continue efforts to collect.

 

I've been in a good debate with B Bauer over this statement. I cannot find anywhere, any statute that says a CA/Creditor has to validate any debt beyond the 30 days. I would advise all you VALIDATION experts to read over this case and decide for yourself. http://www.ca9.uscourts.gov/ca9/new...acb6688256958006caed1?OpenDocument&ExpandView. I think you will find that validation is not the panacea some think it is.

 

Interesting case lwg8tr, It seems that several points could be used to the debtors benefit as well as the creditors'.

One in particular: "1985). The plain language of section 1692g(a) does not require that a Validation of Debt Notice must be received by a debtor. Instead, the plain language states that such a Notice need only be sent to a debtor."

So would this be applied the same to the creditor who refuses the debtors Validation Letter sent CRRR? The debtor can certainly prove he sent the request even if he never gets the green card back or the letter was not accepted.

Is this a fair assumption?

Tuit

 

You know I read this portion of the case I thought the court was definitley wrong on this point. Can a taxpayer claim in an IRS case that "Well I sent the payment ontime", No.. On it's face this ruling seems very myopic and sophistic. The court seemed very pro-plaintiff, almost blindingly so.

 

My thoughts exactly. Looks like a double standard, and the court held the debtor to the higher standard, but then the whole creditor/debtor thing seems that way ie., we have to jump through the hoops they don't.

I have always wondered why we only have 1 or 2 years to bring suit, but the creditors have anywhere from 4 to 6 years to bring suit. Can you tell me why this is set-up this way. Again it seems like a double standard to me.

It looks like to me that the debtor should have exercised his right to a oral hearing on the summary judgment, what do you think?
Tuit

 

Well I could rant for days just like everyone else about the inequities of the system. As an example in Florida you only have 1 year regardless of the reason to have a judgment vacated. You didnâ??t get served..tough buster. Well I still think we have a lot of arrows in our quiver. Most collection agencies and collection attorneys are too stupid and(or) lazy to understand the law and how to interpret it.

 

By my calculations they were less than a year away from the 4 year Calif. SOL so I wonder why they didn't wait to file their suit.

It may be worth noting that sometimes its best not to jump, unless you know beyond a doubt that you have your ducks in order. In this case they never responded and then at the eleventh hour took the bull by the horns when they should have let him pass by one more time.

Reading this case has shown me the value of carefully weighing the situation. If the SOL is fairly close I would try to wait it out, but thats just me.

No sense ranting about a system we can't change, but we can learn from cases like these and hopefully get the system to work for us. "What's sauce for the goose, is sauce for the gander too!" LOL
Tuit