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Do I still have time for a debt validation letter. Hayt Hayt and Landau will be serving me with garnishment orders any day now because I could not come to terms with them on a judgement settlement offer. Would it do any good to try to get the debt validated now? The original debt, a Capitol One credit card, will be falling off my creddit report in the next month or so. However the judgement is only about 2 years old.
Hi Nessie1
Did you not send a debt validation letter earlier before you tried to negotiate a payment with the creditor? The only recourse I can see for you right now is to request the court to adjust the amount of garnishment (if and when it happens) if it greatly affects your ability to carry on with your life. I would also suggest that you still try to speak with your creditor and explain your financial situation to them.
The DV letter needs to be sent within 30 days of the first dunning letter. Normally the Collection Agency does not have any proof of postage and so people send them late and the CA still has to comply.
In this case I think that the lawyer could show that you had notice and time to DV. you are entitled to do a 623 investigation request at any time.
That judgment can stay on your report basically forever depending on the state you live in. There are ways of protecting some portion of your wages, but you will need to come to some settlement with them.
Is there some inaccuracy that you are trying to dispute?
DV letter
Hi Nessie,
What cinnamngrl has said is an option but I believe what Carol has said is a better option. You can first contact the creditor and explain them your inability, the hardships of your life, otherwise you can request the court to lower the garnishment.
you might have to call it a 623 to get the CA to respond. they might blow off a dv letter.