What happens if you are not within 30 days to verify a debt with a debt collector?

Question

What happens if I missed the 30 days to receive validation of my debt from a debt collector, am I out of luck.

Answer 1

You need to put on your "legal" cap when you try to figure out this law....so let me explain it to you.

Here is the what the law says....

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;


Notice that nowhere in this law does it state that you ARE responsible for the debt. It simply gives a timeframe for notification. To confirm this, you simple have to read a few lines down in the law, which says......

(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.

There has been a number of court cases on this, and the FTC has issued commission papers regarding this law. You may file a demand to validate the debt at any time, and once the creditor receives it they must follow FDCA Section 809 and cease collection activities until the debt is validated.

Answer 2

Strictly by the FDCPA you are out of luck because the law does not require collection agencies to validate debt 30 days after their first communication with you. But in real life they still have to validate it because they do not have a proof that they ever contacted you in a first place and second, if it comes to a judgment day it will be very difficult for them to explain to the judge why they refused to validate the disputed debt. Though some collection agencies do ignore dispute letters but you can use it against them while disputing the same accounts with reporting agencies and these accounts will fall off of your report.
Important thing - never admit that the debt is yours even if you end up settling it or paying in full.

Answer 3

You can ask the collector for validation anytime. They have 30 days to respond to you, not the other way around.

If it is your debt, you should negotiate settlement. Depending on how old the debt is, you can probaly settle for half. Lump sum payments get the best deals. Payment plans have to be short term. Get any settlement agreement in writing and don't give them access to your bank account. You can also request the negative be removed from your credit report -- some will, some won't.

Answer 4

They will assume the dept is valid and go to the next step for collection. Your not out of luck. You can always contest the dept. Even negotiate the dept at times. If you owe it, being silent is not a good thing. Collections placed on your credit report could hurt you in the long run. Good luck...

Answer 5

never have confidence sequence businesses. the only subject you have going for you is your very low stability. They prolly won't sue over one in each and every of those low stability yet they'll harass you. the guy you made arrangements with became prolly a convicted felon who's out on parole. Debt creditors lie by using their the teeth. they may well be including pastime yet regardless you should ask them to deliver you a written fact of what you owe them. in any different case the huge type might shop going up.

Answer 6

give it a few months till the next junk debt buyer contacts you and dispute it with them

Answer 7

they will assume the dept is valid and report it to credit reporting agencies. you still can dispute the dept.