Can you send DV letter to CA's Registered Agent?

rastoma · 04-21-2008, 03:26 PM

I've seen it mentioned a couple of times on other boards to send DV letters to the RA of the CA.

Any thoughts on this? Would it delay the process (in our favor)?

The RA is supposed to be listed on the CA's Articles of Incorporation so it should be a valid and legal point of contact that may be used very often.

centex · 04-21-2008, 03:35 PM

It delays the process and you gain no advantage out of it. In fact, it is an intentional delaying tactic that could wind up biting you in the ass.

rastoma · 04-21-2008, 05:16 PM

Quote:

Originally Posted by centex

It delays the process and you gain no advantage out of it. In fact, it is an intentional delaying tactic that could wind up biting you in the ass.

How could it be seen or proved as an intentional delaying tactic? A RA's sole purpose is to accept legal documents on behalf of the company using their services. If a CA gets sued and served papers, the RA is the one that gets them, not the address of the CA itself. So I don't see a difference.

Don't take this as arguing. I definitely appreciate any education anyone here can give me. I'm just trying to learn the ins and outs as detailed as possible

centex · 04-21-2008, 05:29 PM

Strictly speaking, a DV is not a legal document. In the time you waste going through the RA, you are apt to see the TL show up on your report due to not having submitted your dispute to the furnisher in a timely fashion.

If you truly wanted to resolve a problem, you would use the most expeditious manner of communication channel, and that is DIRECTLY to the entity holding the defaulted paper.

Once you have filed suit, then it becomes a different matter because of the manner in which States have set up the responsibilities regarding corporate service of the Plaintiff's Original Petition.

rastoma · 04-21-2008, 06:15 PM

Ok, I see.

Well the ones that I had considered sending to the RA are a few years old and for fairly small amounts that have been turned over to a CA. I haven't received letters for them or if I had, it's been more than 2-3 years. I'm just looking to do some clean up.

Enigma · 04-21-2008, 07:18 PM

Read 809(b) of the FDCPA - paraphrasing "notifies the debt collector in writing:..."