So, what was the verdict on this? Do CA's and creditors have to validate after 30 days? Can someone site the section that outlines this so that I can include it in my letter?
Put simply any bill has to be validated before it can be collected on. 30 smurty days don't have a d--- thing to do with it . All validation does is to give them the chance to prove the debet outside the court rather than inside a court of law.
I received a letter back from a CA after my validation letter stating my 30 days were long past and the debt was owed. I am going to send the estoppel next, wanted to quote the section of the FDCPA that lets them know they have to validate. These are very old medical bills, I know they have no paper or contracts etc.
I think you have them for trying to collect with out validating first with this letter. That is a 1000 dollar violation is it not?
You do not loose your right to demand proof after 30 days.in a court of law. The FDCPA works as a supplement to common law not as a replacement of it.
Also you could split hairs by saying that the original contact letter was not sent . Most CAs send dunning letters disguised as intial contact letters. They have preprinted text on the back of the notice which they think puts them in compliance with their responsibilities under the FDCPA. Here is a case http://www.tourolaw.edu/2ndCircuit/january96/95-70070.html In this case the appelate court states very clearly that there cannot be ANY contridictory langauge in the intitial contact letter. CAs just can't help themselves, they just want to ignore the law and start collecting. I would ask the CA for a copy of the letter that they first sent you and reciept that you recieved it. You start the clock, not them when they don't send an intitial contact letter correctly. Their reciept of this letter and your CRRR would be very powerful info in a lawsuit.
