How long for debt validation?

[ignorant_debtor]

How many days does a third-party collection agency have before validating a debt?

I ask because I sent a validation request but have gotten no response or harassing phone calls. I will admit that I was pretty unruly when they called me that last time. One girl, the last one that called, got so flustered she said, “Well, let me connect YOU to someone YOU can harass.” After that I never got another call (Context: accusing them of harassing me). Then I sent my validation request on January 28, and still no response or phone calls.

Darn it, I was just starting to have fun, but now they won’t play. Or, maybe it’s just too soon yet.

Any idea on how long it takes to get a validation?

[Lian]

The FDCPA has no specified period for response to a DV letter. The FDCPA imposes a cease collection activities requriement until verification is provided, but does not set any time limits.
One state, namely Texas, has enacted a state version of the federal FDCPA that does impose a 30-day time limit on responses to a DV. Unless you live in Texas, the DV request is primarily a cease collection activity requriement rather than a compulsory varification requirement.

[ignorant_debtor]

Thank you, Liam, because you seem to know. I did get a validation, only the total amount owed I do dispute, but it's not worth it to me because what I dispute is such a small amount.

What I want to know now is how I can be assured payments on this debt will be upheld and whether they have a legal obligation on my credit report to state paid in full. In my debt validation letter I asked for payment arrangements in writing, but they didn't say anything about those payment arrangements when validating the debt.

Here's a copy of the letter I sent to them. & I know it's a small amount owed, and that I should just settle and pay the damn thing. But I can really only make $100 payments a month right now. Anyway, here is the letter I sent, and they said nothing about putting my payments in writing, and I'm worried they'll do nothing to state paid on my credit report.

My letter:

Dear Madam or Sir:

This letter is in reference to requesting and receiving debt validation from you for my balance owed to JC Penny, as well as a request to receive payment arrangements in writing from you that I formerly discussed with one of your representatives.

While I acknowledge my debt owed to JC Penny and want to pay this debt, I am disputing the amount owed, since the last statement I received from JC Penny indicates a different balance than your claim in the amount of $658.70. I am requesting that you provide me with any final documentation or statement(s) indicating what resulted in a final balance of $658.70. If you cannot provide this information, please provide me with the appropriate address and/or telephone number of JC Penny so that I may request this information directly from them. I also ask that you provide any documentation that you, Leading Edge Recovery Solutions, have indeed been assigned collection of my debt.

In no way is this letter a refusal of payment. Instead there are reasons for my concerns, including the amount owed, as well as multiple Internet and Better Business Bureau complaints against Leading Edge Recovery Solutions. Some complaints I read had to do with your representatives changing agreed-upon payment arrangements resulting in (for some) an inability to pay your demands – after you received a number of timely payments. Thus, I am concerned that oral agreements with you that are not in writing will not be upheld. I am therefore asking that you acknowledge my agreement with you of payment in six installments in writing.

I sincerely hope you will send me verification of the amount owed and payment arrangements in writing, so that I may send you my first payment knowing I will be treated in a fair, legal and legitimate manner.

Thank you.

[Lian]

What you are, in substance, saying is that you dont consider their response to be proper debt validation without an itemization of the debt. That is your right to assert. They obviously have a contrary view. So the issue now is whether or not their "verification" was adequate for them to now resume active collection activity. They say yes, you say no.

Unfortunately, the FDCPA does not provide any specific statutory defintion of what comprises proper verification. All the FDCPA says is that they must "obtain verification." The resolution of proper verification has thus been left largely to the courts. Difference judicial jurisdictions and appellant courts have ruled all over the place on this issue. What it all boils down to is that proper verification is what the court says it is within your judicial jurisdiction.

Regarding your letter, I suggest that you leave out the entire paragraph that essential accuses them of illegal past practices. Demand a letter of agreement, but omit the verbage regarding their past sins.

[ignorant_debtor]

See I'm liking you more and more.

At the end of the day I am going to be who I am. I think I am going to demand payment arrangements in writing or they can go fuck themselves.

I'll try it.

[ignorant_debtor]

Anyone who takes me to court is going to pay on one way or another. I'm not bragging, I'm just saying.

Hey you, though ... I appreciate your advice. But I tell you, I am more than law; I am a little more in the sense that right is suppose to make right.