How DDS Works
We start with a demand to your collector to provide validation, verification, and proof of their legal authority to collect debt against you.
Utilizing the various laws pertaining to debt collection, lending, and billing practices, DDS sends your collector a demand to cease collection activities until such time as they have verified, validated, and proved their authority. Some of what we require as part of this process includes a fully completed Debt Collector Disclosure Statement, proof of how they got the debt to collect (bought it, assumption, novation, etc..), the history of the debt (was it charged off, paid by insurance, etc...), also they must provide the original accounting and contracts from the original creditor upon which the amount owed is based, and more.
Your demand for verification, validation and authority to collect is sent Certified Mail by a notary public from an authorized representative that DDS provides. The debt collector must respond in a timely manner to the representative through the notary, if they fail to return all the demanded proof (which is almost always the case), then a Notice of Non-Response, Notice of Fault, and Affidavit in support of Non-Response is sent by Certified Mail providing the collector with a limited additional time to respond. After a short period of time expires for their second chance to send the required proof of verification, validation and authority to collect (which they almost never do), the matter should be resolved since you have proof that the debt was not verified and validated.
In the event that the collector continues making demands or files a suit against you, the notarized record of the demands and non-response (called a commercial record) can be used as your defense that the debt was not validated, you can in some cases also sue them back in a counter-claim for a violation of the Fair Debt Collection Practices Act (FDCPA), which states in part at 15 USC §1692g(b):
"If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section 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 a 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."
The verification described above is only one part of what we demand of the debt collector, there is more in the FDCPA as well as the other laws we use in the paperwork, such as the Federal Truth in Lending Act and Fair Credit Billing Act, which we include to ensure not only verification but also validation and authority to collect.
DDS is based on the belief that our customers' needs are of the utmost importance, we understand that fraudulent practices in the financial industry take place, and that debt collectors violate laws in order to collect money from you. In fact, the purpose of the "Fair Debt Collection Practices Act" as worded in the act states:
"There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy."
Some collection agents threaten or use intimidation techniques to make you send them money, this is illegal. Some collectors increase rates without proper notification, under the new Credit Card Act of 2009 (a.k.a. Credit Cardholders' Bill of Rights), this is illegal. Collection agents are on commission, so if you do send them money without first requiring them to verify the debt, you are providing that agent with a bonus in their paycheck.
Our entire team is committed to protecting your rights, meeting your needs and performing more effectively than any other type of debt resolution in the market today. We are not settling your debt for less money, negotiating, or modifying your loan; instead we audit the account by requiring the debt collector to prove they have lived up to all the laws required to legally proceed with collection.
We are dedicated to resolving unsecured debt no matter the balance. As a result of the short time frame it takes to resolve debt via the validation procedures we use, a high percentage of our business is from referrals.
We welcome the opportunity to consult with you for no fee, then we can determine if you are a candidate. Call us at 1-888-363-8855
Mon - Fri: 9AM - 7PM (Eastern Standard Time)
Sat: 10AM - 7PM (Eastern Standard Time)