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can I dismiss the case if the debt collector not response to

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sky
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Subject: can I dismiss the case if the debt collector not response to
 
Posted on Thu Jun 17, 2010 11:50 pm  

Hello, I am living in California. I have recently been sued for a credit card debt. Thus, I have filed an answer to the court and request a debt validation from the debt collector and asked them to response me within 30 days. I have used the certified mail to mail the letter, so that I have the return receipt.

My question is can I file an motion/request to dismiss the case if they, debt collector, fail to response me within 30 days?

Following are the details of the DV

This letter is being sent to you in response to the complain sent to me on April 11, 2010. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:
What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.



Any help/comment are appreciate.

Thanks
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: debt validation
 
Posted on Fri Jun 18, 2010 9:28 am  

Hi Sky,

First of all I should say that Fair Debt Collections Practices Act (FDCPA) does not mention that the debt collectors will have to answer to your validation request within 30 days. It rather mentions that the debtor is required to send the debt validation letter within 30 days from the first collection attempt. Thus, you can't file a motion to dismiss this lawsuit after the 30 days.

Moreover, to know whether or not this debt is at all valid, you yourself can go to the court, and check t out there from the paperworks. The court will have all the details of this debt. Request the court clerk to help you in this.

As for the validation letter it is well written. However, if you want you can also check out the sample validation letter available with this forum.

Thanks,

Aaron
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Posted on Sun Jun 20, 2010 5:51 pm  

thanks
fireyone



Joined: 26 Feb 2008
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130 Magic Points

 
Posted on Tue Jun 22, 2010 3:00 am  

What does happen if a debt collector does not validate? The only recourse you have is to dispute the debt with the agencies..is this correct? If you ask for validation and can show you asked when you go to court does this help you in anyway. sometimes this gets confusing because of the many different responses. This would be a great time to clarify this subject.
cinnamngrl



Joined: 01 Nov 2008
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Posts: 1320



6419 Magic Points

 
Posted on Tue Jun 22, 2010 10:40 am  

if the CA does not validate, they can't publish the tradeline. However, if you don't send the DV within 30 days of contact, then the CA is allowed to assume the debt is valid. This gets sticky when people don't get the original dunning letter.

So if you send a timely DV and the tradeline is on your report then send a MOV letter
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Subject: debt validation
 
Posted on Tue Jul 20, 2010 3:34 am  

can a case be dismissed if the CA did not respond at all to a DV request that I sent out with in 30 days?
cinnamngrl



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Posted on Tue Jul 20, 2010 10:38 am  

it depends on the laws of your state. the 30 days do not matter, but the lawsuit can be dismissed if the CA has not replied to the DV. it is illegal under fed law to pursue any collection activity without responding to the DV
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