Hi, Newbie Questions here! If the CA does not validate the debt within the 30 days from receipt of the CRRR that means the debt is no longer valid, right? Just wondering if someone could clarify why we send out the 60 and 90 days letters then, just to rack up FDCA violations in case they take us to court? Isn't there the chance that if you give them the 15 days to comply that they WILL validate the debt, or doesn't it matter if they do since they missed the deadline? Also, does the FDCA apply to debt from a business? EX: If I don't pay Joes Widgets, and they refer the debt to ABC CA, Does that CA have to abide by the FDCA rules or am I out of luck. I have a few of these, but the CA says to send the payment to the OC, does this mean its an inhouse CA? Can I still send the validation letter for this debt? Thanks! Dawn
A debt is valid until paid or discharged in BK. Whether or not it is legally collectable depends on the SOL for that specific debt. If the CA does not validate the debt all it means is they must discontinue collection activity as per the FDCPA, it does not mean that the underlying debt is not valid
Thanks! Anyone have an answer to the other question? If the CA is trying to collect business debt, do they have to follow the rules of the FDCA?
