Debt Validation after 30 Day Dunning Period Expired?

Submitted by Jaysuvius on Tue, 09/07/2010 - 15:45
Forums
Credit repair

Greetings,

I have sent a CA a DV letter. They responded claiming the 30 days since the dunning letter was sent has expired. I responded advising I did not receive the letter they referenced in their response, which I hadn't. I am certain the debt is not mine. Is there anything else I can do here? I tried to ask for PFD, but they have not budged one bit on this one. It is only $186 debt. Can anyone advise what I can and can't do to get these people to work with me? I am concerned about getting a summons or judgement from this CA since I sent the DV letter. Is there anything I can do?

I have done HOURS of research on this and other forums. I have not found the exact answer that relates to my situation, so I am posting this question.

Thanks in advance!

cinnamngrl

do you have all your credit reports?
what state are you in?
what is the original creditor and the name of the CA?
what is the date of first delinquency? 30 days after last payment

These questions will help me give you a suggestion.

Tue, 09/07/2010 - 22:45 Permalink
Anonymous (not verified)

Yes,
Arizona,
Acclaim,
Sometime in 2007/2008, it is my wife's bill, they came after me for it. It is less than $200.

Tue, 09/07/2010 - 23:28 Permalink
cinnamngrl

Acclaim is the Collection Agency, what was the original creditor?

Wed, 09/08/2010 - 00:45 Permalink
Aaron

Hi Jaysuvius,

Arizona is a community property state. In a community property state both the spouses are held responsible for a debt incurred by the other. So, you have been charged for these bills which your wife owe.

Thanks,

Aaron

Wed, 09/08/2010 - 07:29 Permalink
cinnamngrl

Aaron they can sue the spouse and may be awarded a judgment but they can't list it on the spouse's credit otherwise. A court must find the spouse responsible, it is not automatic

Wed, 09/08/2010 - 12:03 Permalink
Jaysuvius

The original CO is Harrison Chiropractic in CA. Aaron, FYI, I am aware of why they are trying to charge me for my wife's service. That is not my question. My question is, are they violating my rights by dinging my credit report for this, and if so, how should I go about fighting it? :)

Wed, 09/08/2010 - 18:50 Permalink
cinnamngrl

I believe it would be illegal to put your wife's debt on your credit report unless this is a civil judgment. the CALI statute of limitations is years, so it may become important to be sure about that DOFD.

So is this on your reports? Definitely, complain to the AZ Attorney General.

I would write a 623 investigation request to the Collection Agency CMRRR. Ask them for proof of the dunning letter, along with proof that this debt was incurred by you.

DV letters are only for Collection Agencies but a 623 investigation can apply to all debts listed on your credit report

Wed, 09/08/2010 - 19:46 Permalink
Jaysuvius

Thanks Cinnamn,

They updated Experian after I sent DV. Could I not leverage HIPPA against this CA?

Thu, 09/09/2010 - 15:54 Permalink
cinnamngrl

yes, Hippa applies but I would ask why this debt is in your name.

EX listed the tradeline or deleted?

Thu, 09/09/2010 - 23:45 Permalink
crorkz matz (not verified)

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Wed, 08/06/2014 - 03:01 Permalink