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What are the potential ramifications of DV'ing a creditor?

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    What are the potential ramifications of DV'ing a creditor?

    I read this on another website, that you need to understand the ramifications of DV'ing a creditor, that many people use it and suggest it on BK forums like a MANTRA of sorts.

    Is it better to DV and CD, or just ignore them and just keep telling them you are filing a BK and give them your attorney name and info?

    I dont want it to accelerate the process of possible judgements/garnishments.

    What do you suggest?

    #2
    If you have an attorney that is willing to allow you to refer creditors to them. Then you send a C&D and in that letter instruct them to contact your attorney.

    There really are no "ramifications" per se to a DV. I think what they are talking about is understanding what exactly a DV will accomplish and what it wont. There are Grave Misconceptions about what a DV letter can accomplish. A DV does the following.
    1. Once received by the collection agency, they are supposed to suspend collection activity for 30 days or until they validate.
    2. All they need to do to validate is send you a letter stating the name of the original creditor and the amount due.

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      #3
      Originally posted by optimistic1 View Post
      I read this on another website, that you need to understand the ramifications of DV'ing a creditor, that many people use it and suggest it on BK forums like a MANTRA of sorts.

      Is it better to DV and CD, or just ignore them and just keep telling them you are filing a BK and give them your attorney name and info?

      I dont want it to accelerate the process of possible judgements/garnishments.

      What do you suggest?
      Please, pray tell, what is a DV and CD? Never heard the terms. Uninformed 'Hub.
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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        #4
        DV = Letter of debt validation (sent by the debtor to the creditor to request validation of the debt)

        CD = also called C & D which is Cease and Desist Letter (usually sent by the debtor to the creditor telling the creditor not to communicate with the debtor). Some people think you can do a limited cease and desist by telling the creditor to communicate in writing only.
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..

        Comment


          #5
          Originally posted by StartingOver08 View Post
          DV = Letter of debt validation (sent by the debtor to the creditor to request validation of the debt)

          CD = also called C & D which is Cease and Desist Letter (usually sent by the debtor to the creditor telling the creditor not to communicate with the debtor). Some people think you can do a limited cease and desist by telling the creditor to communicate in writing only.
          Thanks. I should by now know this, but........... 'Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

          Comment

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