When you’re struggling to make ends meet, the last thing you need is someone harassing you for the money you don’t have. That’s why it’s important to know your rights when it comes to debt collectors.
If you’ve received notice from a debt collector, don’t panic. You can take action by sending debt validation letters. This will ensure that the debt is legitimate and that you’re not being scammed.
Debt collectors may take as long as they please to validate a debt. This can be extremely frustrating for people who are trying to resolve their financial issues. If you are in this situation, it is essential to remember that you have options.
The average amount of time people wait for a response is between 1-30 days, though some never receive one.
Debt collectors have no deadline to respond to a debt validation letter
The FDCPA empowers collectors to keep debtors in a state of uncertainty until the statute of limitations expires. This can make it difficult for debtors to know whether the collection agency has failed to validate the debt or if proof is on its way.
Here’s what the FDCPA has to say about debt validation. This is the relevant section.
§ 809. Validation Of Debts
Notice of Debt; Contents
Within five days after the first contact with a consumer regarding the collection of a debt, the debt collector must send the consumer a written notice that includes the following information, unless this information was already included in the first contact or the consumer has already paid the debt:
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(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;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.
(c) Admission of liability
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.
(d) Legal pleadings
Communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a).
If you receive a call from a debt collector, you have the right to request validation of the debt. The collector must provide verification within 30 days, but they can take longer if they need to. If you don’t request validation or dispute the debt within that timeframe, the collector can assume that you admit the debt is valid.
What if your creditors don’t validate your debt within 5 days? Can you sue them? According to $813(a)(2)(a), you could be eligible for a $1000 lawsuit. However, it is unclear what case law says about this situation.
The FDCPA unfortunately gives collectors leeway to take as long as they want to respond to a validation request. This creates an unfairness that works in the collector’s favor.
It’s important to know the deadlines specified in the Fair Debt Collection Practices Act. The FDCPA creates two main deadlines. One, within 5 days of its first contact with you, the debt collector must send you 5 points of information.
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(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;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
If you have been contacted by a debt collector, you have the right to request validation of the debt. This must be done within 30 days of receiving the initial contact. If you do not send this letter, the debt collector will assume the debt is valid and can take further action. This is a major opportunity to dispute the debt and protect your rights, so don’t miss it.
How long do debt collectors take to respond to debt validation letters?
If you send a debt dispute letter to a creditor, they are not legally obligated to respond within any set timeframe. The only date that may concern them is when the statute of limitations runs out on the debt.
If you are being hounded by debt collectors, it is important to take action to dispute the validity of the debt. By doing so, you can protect yourself from creditors who may try to claim that your lack of response means that you know the debt is yours. If you send a debt validation letter and do not receive a response, you can use this as evidence in court that the collection agency failed to validate the debt.
If the debt collection agency does not respond to your validation letter, it may be because they know that they cannot legally validate the debt. To continue pursuing the debt, they must provide proof. If they are unable to do so, the collection calls must cease and you will have won the battle!
What if they don’t respond to a debt validation letter?
If a debt collector does not respond to your Debt Validation Letter and continues to try to collect on the debt, they are violating the Fair Debt Collection Practices Act (FDCPA). You can report this to your state’s Attorney General, the Consumer Financial Protection Bureau (CFPB), or the Federal Trade Commission (FTC). You might also be able to file a counterclaim against the debt collector for up to $1,000 per violation.
If the collector does not respond to your Debt Validation Letter but instead stops attempting to collect on the debt, then they are not violating the FDCPA. This is perfectly acceptable and you have nothing to worry about.
Debt collectors can be aggressive and pushy, so it’s important to keep track of all communications in writing. This way, you’ll have a paper trail to refer to if you need to take legal action against the collector. Keep copies of letters, email exchanges, and phone call records.
What if the collection agency fails to validate the debt?
If you’re in debt, you may be wondering if it’s worth requesting a debt validation from a debt collector. Most collectors simply give up at this stage of the process, since they usually purchase old debts for pennies on the dollar. It may not be worth their time and resources to validate a debt and file a lawsuit. If the collection agency can’t validate the debt, they’ll likely stop collection efforts immediately.
If a debt collector cannot validate the debt in question, you have the right to countersue for up to $1,000 per violation, plus attorney fees and court costs.
What if the collector sues the debt?
If you’ve been served with a debt lawsuit, don’t panic. The first step is to file an Answer with the court and send a copy to the opposing attorney. You have 14-30 days to respond, depending on which state you live in. If you don’t respond, a default judgment may be entered against you, which can damage your credit score and lead to wage garnishment. So it’s important to take action quickly and consult with an experienced attorney.
Remember, if you have received a notice from a debt collector, the next step is to send a debt validation letter. This letter requests information about the debt from the collector and gives you an opportunity to dispute the debt if you believe it is not accurate.
