Re: Send validation request - now get letter from lawyer

Posted by Bear (12.15.122.224) on October 25, 2002 at 09:38:17:

In Reply to: Re: Send validation request - now get letter from lawyer posted by anon on October 24, 2002 at 18:28:43:

If you haven't disputed the debt, yes they can. Unless you dispute the debt, they don't have to wait 30 days to take their next step -- including a lawsuit. This is what FDCPA says:

"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, ... the debt collector SHALL CEASE COLLECTION ... until ... a copy of such verification ... is mailed to the consumer by the debt collector."

15 U.S.C. s. 1692g(b), capitalized emphasis added.

What that translates to is this:

Once you tell the debt collector in writing, and within 30 days, you dispute the debt (or one of the other things you're allowed to tell him), he has to stop trying to collect until he sends you verification of the debt (or otherwise complies with your request). But, until you send the written notice, the collector can keep on plowing ahead.

Follow Ups:

Post a Followup