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Date: Tue, 03/17/2009 - 19:52
If you get a collection letter from a collection agency, you sho
If you get a collection letter from a collection agency, you should send a debt validation letter within 30 days of receipt of the collection notice to be sure whether you owe them the money or not, else the debt will be considered valid. On getting the DV letter, the CA must validate it within 30 days else you are no longer liable to pay them off. Unless they validate the debt, they cannot take you to the court. Even if they take you to the court without validating the debt, they cannot bring judgment against you. However, if they validate the debt properly, you can come to a repayment plan and pay off the debt.
There are a few things about your post that are incorrect:
There are a few things about your post that are incorrect:
Quote:
you should send a debt validation letter within 30 days of receipt of the collection notice to be sure whether you owe them the money or not, else the debt will be considered valid |
Read the FDCPA Sec 809 in it's entirety. The last line is:
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.
Quote:
the CA must validate it within 30 days else you are no longer liable to pay them off |
A CA has no time limit to validate the debt. If your DV was timely, they must cease collection efforts until validation is provided.
Quote:
Unless they validate the debt, they cannot take you to the court |
Failure to validate a debt will not halt legal action.
