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stilld time for a debt validation letter?

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Nessie1

Joined: 04 Mar 2009
Nessie1's page
Posts: 8

276 Magic Points

Subject: stilld time for a debt validation letter?

Thu Jan 28, 2010 4:26 am

Do I still have time for a debt validation letter. Hayt Hayt and Landau will be serving me with garnishment orders any day now because I could not come to terms with them on a judgement settlement offer. Would it do any good to try to get the debt validated now? The original debt, a Capitol One credit card, will be falling off my creddit report in the next month or so. However the judgement is only about 2 years old.

carol

Joined: 27 Jun 2006
carol's page
Posts: 1307
Location: Los Angeles, California

29555 Magic Points

Thu Jan 28, 2010 7:35 am

Hi Nessie1

Did you not send a debt validation letter earlier before you tried to negotiate a payment with the creditor? The only recourse I can see for you right now is to request the court to adjust the amount of garnishment (if and when it happens) if it greatly affects your ability to carry on with your life. I would also suggest that you still try to speak with your creditor and explain your financial situation to them.
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cinnamngrl

Joined: 01 Nov 2008
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Posts: 1455

6339 Magic Points

Thu Jan 28, 2010 11:57 am

The DV letter needs to be sent within 30 days of the first dunning letter. Normally the Collection Agency does not have any proof of postage and so people send them late and the CA still has to comply.

In this case I think that the lawyer could show that you had notice and time to DV. you are entitled to do a 623 investigation request at any time.

That judgment can stay on your report basically forever depending on the state you live in. There are ways of protecting some portion of your wages, but you will need to come to some settlement with them.

Is there some inaccuracy that you are trying to dispute?
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Justin

Justin

Joined: 17 Jul 2006
Justin's page
Posts: 1240

28942 Magic Points

Subject: DV letter

Sat Jan 30, 2010 11:40 am

Hi Nessie,

What cinnamngrl has said is an option but I believe what Carol has said is a better option. You can first contact the creditor and explain them your inability, the hardships of your life, otherwise you can request the court to lower the garnishment.
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Justin

cinnamngrl

Joined: 01 Nov 2008
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Posts: 1455

6339 Magic Points

Sat Jan 30, 2010 1:13 pm

you might have to call it a 623 to get the CA to respond. they might blow off a dv letter.
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