debt validation after 30 days

debt validation after 6 months?

I am helping a friend to fix his credit. On January 2009, after contacting the collection agency (which apparently is a lawyer) to request “debt validation” they contacted him back and referenced the case 171 F. 3d 1197 and based on this case they denied his right to request a debt validation because the first debt notification was sent to him on June 2008 (although he never got that!) and now it is more than 30 days so the time for requesting the debt validation has passed! Is this true?
Here is the link for the case:

First of all that case they referenced is always used to scare people.
Yes they are correct in the fact that a debtor has 30 day to dispute the debt with the creditor under 15 USC 1692g; § 809. Validation of debts.

It also states that under paragraph (c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

Your next step is to see if this debt is within his states statute of limitations to seek civil action in court. Use the following link to find his states SOL

http://www.bcsalliance.com/statute_of_limitations_on_debt.html

If this debt is “time barred” or past the SOL, then the lawyer can not take him to court to collect. If he is served a summons to appear, then his defense would be that the debt is time barred.

If this debt is not time barred, then inform the lawyer that because he never recieved proper notificaton he is now seeking to ‘VALIDATE” the debt as defined under the following case case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004.
This decision defines validation as the following:
Proof that they own the debt legally or have been legally authorized to collect it from you.
A complete payment history documented from your original creditor.
A copy of the original loan contract that you signed with your creditor.

Also request the lawyer prove that he is liscensed to practice law and that you know under the FDCPA providing false documentation or representation in the attempt to collect a debt violates § 807. False or misleading representations.
(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.
(this is an old collection practice often used by junk debt collectors).

This shows them that your friend has some understanding of his legal rights. I have included some links on understanding ones rights under the FDCPA.

NOTE: This communication is not intended as and should not be interpreted as legal advice but is intended solely as a general discussion of legal principles. By reading the “Response” to your question or comment, you agree that the opinion expressed is not intended to constitute legal advice to any person reviewing such information..