I posted last week and it was lengthy. Sorry about that but I still need help. Can I ask for validation/verification "after" the thirty day period? I believe that the debt collector did not live up to the agreement made. What can I do? They sent me a letter stating that because I did not do the verification before the 30 day period they will not furnish any documentation I requested. What can I do???
Yes, you can ask for validation/verification any time you like. Do save your letter from them. It will be helpful if you go to court. I don't have the answer to your question of what to do but I am sure the experts here will help. But you can get validation any time you want, even years later. Jane
This is one of the topics which gets frequently argued, it was just recently re-hashed again as well. There are two key things... The only thing that happens on the 31st day is that they have the right to ASSUME that the debt is valid. That's it, they can not go into court, and tell the judge that because the consumer did not dispute within 30 days, the court must ASSUME that the debt is valid. Only the CA has the right to ASSUME that the debt is valid. They can have that assumption, UNTIL you have notified them otherwise, like you did when you sent the validation letter. Now, whether the ceasing of collection activity applies is uncertain. Most CA's will do it anyhow because, gee, they don't want to be sued. However, if they do sue you, you can walk into the hearing, tell the judge that "I asked them show what this was about, and they refused. Here is my letter, and the green card showing that they received it, and here is their response." If they don't want to prove it to you, then they can provide the proof to the judge.
FDCPA: �§ 809. Validation of debts [15 USC 1692g] (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.
If they don't want to prove it to you, then they can provide the proof to the judge. jam237 =============== This is their only other option. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> Never read the fine print. There ain't no way you're going to like it.
(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. ontrack ======================= In other words the consumer don't even have to ever dispute the debt period. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><> Never read the fine print. There ain't no way you're going to like it.
Just to give an update... The DC got the judgment based upon me not notifying them of validation within the 30 day time frame. i just sent a vacate to dismiss judgment letter today. i also noted in the letter that the DC deliberately ignored my correspondence, pursued this matter illegally and violated our agreement by trying to collect on the full debt after we settled. all of the case law i found on the FTC website. so i hope the judge will rescind the judgment. also, in the validation letter (april 1) i demanded they do not contact me and they did on Tuesday at work twice. so that is another violation. any other suggestions is always accepted. thanks for all the help... Jasmin
Just to give an update... The DC got the judgment based upon me not notifying them of validation within the 30 day time frame. ======================== How did they do that? This is contrary to law. jaslken ===================== ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> Never read the fine print. There ain't no way you're going to like it.
They can not just get a judgement... They have to SERVE you with the notice to appear in court, and you either have to either (a) NOT REPLY to the summons, (b) NOT SHOW UP for the hearing, or (c) SHOW UP for the hearing, and they convince the judge that the debt is valid.
Re: Re: leg to stand on! They probably told the judge the poster didn't request validation within 30 days so he owed the debt and the judge bought it hook line and sinker.
Re: Re: leg to stand on! You know time has passed and I have not heard anything from the CA. Almost a year after we went to court and nothing. I pulled my report and saw that the judgement showed "vacated" so I called the courts and they said it has not been vacated. in fact the CA has filed for a wage execution in october 04. i have not received anything yet. Can I still fight this? I have not heard any response to my validation request and i sent a second validation in june with nothing back. any thoughts!!!
Re: Re: leg to stand on! Have you moved or changed jobs? If the court says the judgment is valid, and the creditor has filed a wage execution, why haven't you noticed the garnishment yet? Maybe tour earnings are exempt? If they already got a judgment, there is no reason for them to respond to your validation request....their case has been validated and accepted by the court, and judgment rendered, it over!
Re: Re: leg to stand on! WEll I have moved but that was in november. all of my information was transferred over to my new address. So i really have lost my ground with this one. I was hoping that I could still sue for the FDCPA stuff. I figured that my judgment was a done deal. any other thought are welcome.
