How should I reply to collection letter if replying after 30 days

You can DV at any time but if your DV is un-timely, they do not have to cease collection efforts. Timely or untimely though, they never have to respond to a DV (unless you live in TX)

Thank you NASCAR Devil for your fast reply !! Okay, I will go ahead and respond to the letters, even if it's late.

I will ask them for dv, eg. a copy of the original note, etc. etc. and send by certified-return receipt requested. And hope for the best.

Will it do any good for me to call them and ask the status, for example whether it's already been sent to court for judgement? I don't know how these things work.


Thank you,

Broke guy

I would stay off the phone. Read and re-read the FDCPA, especially sec 809, that will give you some insight into what they need to provide for validation. If you are concerned about being sued, check your county court website. What state do you live in?

Hello NASCAR.

I live in Georgia.

Good idea about checking the county court website. I'll see if I can google it.

Thanks for pointing to the relevant section of the FDCPA that I should read (sec. 809).

NASCAR,

Another point. I did not speak with any of these debt collectors on the phone prior to their sending the collection letter (I don't answer the phone). Can I use this against them when I send my (late) reply?

So the provision of ''Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shal... send the consumer a written notice...'' does not apply here. They did not ''contact'' me prior to sending their letters !!

Please let me know.

Thank you,

Broke guy

They don't have to initiate contact via phone. Their dunning letter would be the initial contact in this case. So much the better since it is best to stay off the phone with them.