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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



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132 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



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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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Posts: 1320



6419 Magic Points

 
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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She said the music in Onegin has many of sun and rain in her repertoire, such as the influence of art rock and folk music. "I like voices who are not too polished, So people sound like their selves, She claimed.

As for managing Pushkin's classic text, "A good story will always pull people in and we're handling one of the greats,

Onegin at the Belfry Theatre includes performances that are accessible to people with seeing and hearing difficulties as well as ones offering childcare for parents of small kids.
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Posted on Thu Oct 17, 2019 11:15 am  

Why midlife Mainers are searching on line for romance

just, middle-agers head for their computers. throughout the Portland, The numbers are greater. It also is easy to look for a same sex partner.

Although it once was a little bit scandalous to admit to dating online, It now is more common to know someone respectable who met their mate that way, regardless age.

Another 2013 study found that over a third of all people who married between 2005 and 2012 met their spouse online, On either a dating site or a social media site such as facebook or myspace. That study also found that marriages that start with an online meeting are often happier and last longer than those that begin with a social introduction, A workplace meeting or other face to face encounter.

The big query

"How else everything that ever meet anyone, Dirk Faegre called.

Faegre, 71 and divorced, Has lived in the tiny Hancock County village of Gouldsboro for decades. Their initial one on one "Tea information" Lasted four hours and confirmed the opportunity of a meaningful relationship.

"We started seeing various other every weekend after that, Garber says.

Garber and Faegre had dated online for years, off and on, Before finding each other.

"it used to be kind of embarrassing to say you met someone online, Garber discussed. "But now it's so prevalent. in addition, unquestionably, How else would we ever have met,Val Scott's beloved longtime partner died in 2012 after a struggle with advanced ovarian cancer.

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Scott and Cline connected in late 2013 and were married about two years later legally, with Maine's 2012 same sex marriage referendum this past September, Surrounded by loving your buddies.

Getting it all the way through clear communication

peter Lindquist, 59, And danny Ruef Lindquist, 53, Met 14 years ago in what was then the brave new world of online dating service. Both were divorced right at that moment and living in Portland. They marital in 2003 and now live in Camden.

"A lot of men misrepresented themselves in terms of who they were and what they wanted, She documented. Others made it clear they were keen on a sexual encounter than in meeting someone for the kind of serious, Long term marriage she wanted.

for part, She rumoured, There was just not much guidance exchanged before two people agreed to meet.

"It was primarily like a blind date every time, Lindquist supposed. "But Sarah required a lot of emails and message before we ever went out on a date. I had to show myself in words, And it became an hunt for our common interests and ideas,

planned, Open talking remains a central theme in their relationship, a fundamental tool for keeping their marriage on track.

"We both genuinely wish to get it right this time, Ruef Lindquist claims.

they enjoy telling friends they met online.

"people are still hesitant about trying online dating, Lindquist claimed. "But if you do it right honestly, Openly and with a small courage you can meet someone really special.

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