Hello, I dropped the ball and did not validate a collection agency's request for payment. Now, about 1 and 1/2 month has gone by. Can I still ask for validation?
Thank you for the response. So I assume that that means that they have to stop calling me about it until they validate. At that point, I will send a cease and desist letter and will hopefully see what options I have with respect to paying a defaulted loan while I am on unemployment.
Well, They don't have to stop calling untill you send them the C&D they just have to stop trying to collect untill they validate (I have had a CA callme without trying to collect). However if you send the C&D you really don't leave them with much choice but to try and get a judgment against you unless it's a limited C&D (mail only). If the TL is past SOL the you will have an affirmative defense if they do file a judgement (and possibly a violation). I am hoping someone will correct me if I am wrong since I just found out about all this stuff.
I had planned to send a limited C and D where they can only contact me by mail. However, I really don't want them to seek a judgment as it is a defaulted student loan debt which I'm certain that they'd prevail upon.
One of the big disputes that comes up is 'late' validation. The validation clause hedges itself to put the stopping of collection activities into the framework of if the consumer requests validation within 30 days. this is how most CAs will try to brow-beat consumers into thinking that their rights are gone after the 31st day. However, the (c) clause just says that on the 31st day, the only thing that happens is that the CA has the right to ASSUME that the debt is valid, that assumption doesn't move to any other forums such as court, and that assumption ends the minute that you inform them that you don't think that it is valid, and request the validation.
sl: when you request validation, *ALL* collection activities must stop, *UNTIL AFTER* the ca can provide the validation. this includes collection calls, letters, or anything else.
Jam, what you are referring to is: [color=0066FF]§ 809 (a)(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;[/color] The (c) subsection doesn't even mention any time period ... [color=0066FF] (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.[/color] ... which means that they are allowed to "brow-beat consumers into thinking that their rights are gone" as many times as they want, at the price of $1,000 each time ...
