Debt Validation letter: procedure

[stillfighting]

What is the name of your state?AZ

In checking my husbands credit reports, a number of collections show up. In regards to one of them, in particular, Collect America, I want to send a debt validation letter. He has never had any correspondence from them. As I understand it, there is a 30 day period from when the creditor contacts you that you have to request this debt validation.

How or do the rules differ if there has never been any initial contact from them?

 

[Debt Guy]

Hmmmm. Kinda.

You may request validation at any time. Period.

The 30-day rule gets people confused. When the CA makes initial contact they must within 5 days send what is referred to as the "initial communication" letter. The letter briefly describes the debt but it provides a disclosure to the consumer that is required by the FDCPA.

If the consumer requests validation within 30 days of receiving this letter, then the CA must "stop all collection activity" until the debt has been valildated.

If the consumer requests validation after the 30 days have expired, then the CA is not required to stop collection activity.

So, you can request validation at any time. The 30-days issue relates to what the CA can or cannot do.

You can request validation even if the CA has no made contact.

Hope this helps. You can download and read a copy of the FDCPA at www.ftc.gov. It is fairly easy reading and could be helpful to you to learn exactly what your rights are -- and what they are not.

 

[stillfighting]

Many thanks

Thank you very much, Debt Guy; your insight and link have been very helpful