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legal action within the 30 day period after debt validation

Date: Sat, 11/12/2005 - 15:16

Submitted by anonymous
on Sat, 11/12/2005 - 15:16

Posts: 202330 Credits: [Donate]

Total Replies: 4


Can a debt collector take legal action within 30 day period?


Yes, a collection agency can take legal actions within the 30 day period after the debt validation has been served. If you do not dispute it on occasions if it really is, Section 809( b ) permits collectors to take the matter to the court if payment is not made.

These thirty days are not a grace period that stops the collection activities. Instead it is a dispute period within which you ask for verification on the said debt if it is disputed. I will again say, the 30 day period does not apply to collectors if the debt is not disputed.

If the debt is in dispute and you have put it in writing, all the collection activities should come to a stop until the collector provides verification on the disputed debt as per Section 809.

After the dispute has been placed, they don't have a fixed period to provide you validation. It can take as much time as required. In many situations, it is found that the either the debt does not exist or the debt has been purchased from the creditor illegally. It is also noted that creditors fail to supply the necessary information due to lost of records, deleted accounts, sold/transferred debts, accounts too old or whatsoever. I heard from one collector(nice one) that the file had been sent for verification to the creditors since the last 18 months and it's still not updated.

It can take any amount of time and they should not contact you during this verification period. If done, it's against the fdcpa law.

When a collector does not get the required information and it becomes time consuming, the account is sold to another collection agency. This is done without informing you so you are not aware of this change of hands. Later, a new company will contact you for the same debt. If done, follow the same process of sending your dispute letter.

Regards
Roxette


lrhall41

Submitted by roxette on Sat, 11/12/2005 - 15:39

( Posts: 4009 | Credits: )


I have filed chapter 7, going to the hearing etc. 30 days will be over sept lst, in two days. A letter was sent to my lawyer stating they are "considering" doing something about this. If they are considering and havent filed anything and the date goes by, can they still take action?


lrhall41

Submitted by on Fri, 08/29/2008 - 10:45

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