By law how long does a Collection Department have to get back to you with proof of debt?
July 4, 2010 
2 Comments
INTERNET **** MACHINE 2.0 asked:
I am challenging a debt that I do believe isn't mine. I know I have to write them certified mail to challenge the debt but I wish to include a time line for them that they have to respond back to me before it is consider voided.
I am challenging a debt that I do believe isn't mine. I know I have to write them certified mail to challenge the debt but I wish to include a time line for them that they have to respond back to me before it is consider voided.
I know by law there is some time line they have but I can't remember how long it is.
I believe it is ten business days but not sure can someone please validate this for me.
thanks to all who answer
30 Days…starting on the date that they receive the request. Be sure to sent via Certified Mail + Return Receipt.
Send them a letter via Certified Mail + Return Receipt stating:
Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt, which includes:
- a copy of the original signed contract with my signature
- validation of the original "Date of Delinquency" for this alleged debt
- validation of the "Date of Last Activity" for this alleged debt
- validation that this alleged debt is within the statute of limitations.
It depends.
If you're using section 623 of the Fair Credit Reporting Act, they have 30 days to respond or they are in violation of the law.
If you're using the FDCPA to send a "demand to validate" letter then they are under no obligation to respond unless your demand was sent within 30 days of your initial contact with them. Even then, the law only states that they must cease collection activity until they provide validation. Believe me when I say that I wish the 30 day initial contact rule was not included, but unfortunately it is there.
Keep in mind that your state may have laws that are much more beneficial to the consumer than federal law, so don't overlook those.