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Validating debt in Texas





Sub: Validating debt in Texas
Sat, 21/06/2008 05:49

How is the validation process different in texas as opposed to other states? I think I read that in texas, the collection agencies MUST reply in some way or form within 30 days if validation is requested.

My quesiton is: what happens if they dont reply?



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NASCAR_Devil
NASCAR_Devil


Posts: 4629
Credits: 30806.994972777

Sub: #1 No. If they do provide validation at a later date, then collectSat, 06/21/2008 - 05:49



No. If they do provide validation at a later date, then collection efforts can resume.


Unregistered

Sub: #2 Yet another question... per the TFC, it says: If the third-paThu, 06/19/2008 - 13:49



Yet another question... per the TFC, it says:

If the third-party debt collector states that there has not been sufficient time to complete an investigation, the third-party debt collector shall immediately:
(1) change the item in the relevant file as requested by the individual;
(2) send to each person who previously received the report containing the information a notice that is equivalent to a
notice under Subsection (c) and a copy of the changed report; and
(3) cease collection efforts


Is this essentially saying the debt is invalid? I could not find a point in the TFC where it says that they could validate it at a later time, jsut that the change must be noted and collection efforts ceased.


Unregistered

Sub: #3 God i love being a Texas, lol.Sun, 06/15/2008 - 11:06



God i love being a Texas, lol.


cajunbulldog
cajunbulldog

Posts: 4785
Credits: 42362.6

Sub: #4 To file suit for violations of the TFC,your letter must referencFri, 06/13/2008 - 12:34



To file suit for violations of the TFC,your letter must reference it and if they should violate you will be required to give them a 60 day cure period. Your state laws have a lot of teeth in them once you understand how it works.

Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com.../about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.


Unregistered

Sub: #5 Sorry Cajun, I guess im confused. Why do I have to send anothFri, 06/13/2008 - 11:45



Sorry Cajun, I guess im confused.

Why do I have to send another letter explaining the TFC? Just because I dont mention this law doesnt make the CA exempt from abiding by it correct?

Ignorance of the law is not exactly the best defense and I dont see why I should be informing a CA of the laws of my state.

Im not fighting with ya, just curious :)


cajunbulldog
cajunbulldog

Posts: 4785
Credits: 42362.6

Sub: #6 Your first letter references federal law.Send the second modifyiFri, 06/13/2008 - 10:10



Your first letter references federal law.Send the second modifying it to include state law.Do a forum search here for goldenblast posts. The poster is also from Texas.

Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com.../about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.


Unregistered

Sub: #7 does the fact I didnt mention the TFC in my validation affect thFri, 06/13/2008 - 09:58



does the fact I didnt mention the TFC in my validation affect their adherence to it?


cajunbulldog
cajunbulldog

Posts: 4785
Credits: 42362.6

Sub: #8 Send them a follow up letter citing the texas finance code and iFri, 06/13/2008 - 09:01



Send them a follow up letter citing the texas finance code and it will start the thirty day clock to either put up or shut up. You can also go to the attorney generals web site & find out if they hold the required bond which is required.

Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com.../about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.


Unregistered

Sub: #9 Hmm, I did not reference Texas Finance Code in my initial DV letFri, 06/13/2008 - 08:18



Hmm, I did not reference Texas Finance Code in my initial DV letter because I was not aware it was stronger than the fdcpa and used a template I received from this site. :(

Would I need to have mentioned it in my DV letter for them to be bound by it? Or does it just make me look a bit scarier to mess with? lol

I know that the fdcpa does not give a time frame in which a CA must respond with DV information, but when I looked up the TFC it states:

"Not later than the 30th day after the date a notice of
inaccuracy is received, a third-party debt collector who initiates
an investigation shall send a written statement to the individual:
(1)denying the inaccuracy;
(2)admitting the inaccuracy; or
(3)stating that the third-party debt collector has
not had sufficient time to complete an investigation of the
inaccuracy."

Seeing that it says not later than the 30th day, if I do not hear anything from the collection agencies within said 30 days, does that completely invalidate the debt? Could they come back in a month or so and say "oh look what we found!"?


Unregistered

Sub: #10 If they don't validate the debt, it is invalid. If they then tryFri, 06/13/2008 - 08:08



If they don't validate the debt, it is invalid. If they then try to collect, it is a violation of fdcpa. If they sue you, it is a frivilous suit, and you can get sanctions.


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