Got a letter in Sept from an atty representing a student loan of mine. Sent DV letter 9/19. Got a call from them 10/10 asking me where I would like the validation sent to or would l like it faxed and it would be there by the end of the week (weird). I said it can be sent to the address on the letter you received, where I asked for it to be sent to. I hear nothing from them till today - when I get a packet in the mail with my promissory notes, etc. The letter attached is dated 12/2 and today is 12/9. Clearly they are outside of the timeline, right? Or do SLs have some different timeline that I am unaware of?
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Teacher Momma -
There IS NO TIMELINE
DV only requires that collection activity cease while the creditor validates. It doesn't matter when they actually validate.
Understand, debt validation only requires 2 bits of info
1. Name of original creditors.
2. Balance claimed to be due.
Failure to validate only gives rise to a $1000 statutory claim for damages, it DOES NOT stop collection activity or otherwise invalidate the debt.
Here is the actual FDCPA text
(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. Section 80(b)
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