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  1. #1
    Join Date
    Oct 2011
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    3

    Default What is a Sufficient Response to a Debt Verification Request

    My question involves collection proceedings in the State of: Texas

    Hello,

    I sent a DV letter and did receive a responce back from the creditor. I am now thinking that I can dispute the debt, am I correct?

    The letter they sent has my name, last 4 of the SSN, address. The original creditor name and address, account number and amount. And at the bottom of the letter it states "This communication is from a debt collector. This is an attempt to collect a debt..."

    The top of the letter states "Itemization Verification and Validation of debt" " This letter serves as compliance to section 809 (B) per your request"

    in the original DV letter I sent I asked for verification and not validation...

    So should I send a dispute letter?

    thanks!

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: What is a Sufficient Response to a Debt Verification Request

    Quote Quoting rob845
    View Post
    The letter they sent has my name, last 4 of the SSN, address. The original creditor name and address, account number and amount. And at the bottom of the letter it states "This communication is from a debt collector. This is an attempt to collect a debt..."
    That is literally all that is in the letter?

  3. #3
    Join Date
    Oct 2011
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    3

    Default Re: What is a Sufficient Response to a Debt Verification Request

    well it also had the date it went to collections.. But I went with my gut and send out the second letter demanding re-validation and disputing the debt. I also asked for signed paperwork showing that they legally held the debt and I owed them and not the OC.

    so we shall see what I get back....

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: What is a Sufficient Response to a Debt Verification Request

    If it has been more than 30 days since the original contact, your dispute will likely fall on deaf ears. You only have 30 days to dispute the debt and it cause the creditor to take any action because of your dispute.

    As to the validation: sounds like you got it. Here is what the law says about it:

    (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.
    don't get into the validation versus verification issue. It is a non-issue.

    I also asked for signed paperwork showing that they legally held the debt and I owed them and not the OC.
    they are not required to provide that to you unless/until they sue you. You can then demand such through discovery.

  5. #5
    Join Date
    Oct 2011
    Posts
    3

    Default Re: What is a Sufficient Response to a Debt Verification Request

    OK, I reside in texas and I thought that I could dispute it at any time? was this not correct?

    I have also been reading a bit on the suite process and what to do / expect. Any sites you suggest to read up on?

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: What is a Sufficient Response to a Debt Verification Request

    give me a minute on the texas issue. I do not recall their laws on collections offhand.


    I have not read through the Texas statutes yet but I did run across a website that said this:

    The Texas Debt Collection Practices Act virtually mirrors the federal Fair Debt Collection Practices Act.
    and it continues on to list this:

    You have 30 days to dispute the debt in writing
    I will have to wade through the actual statutes to verify that statement though.

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