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  1. #1
    cmfrerx is offline Newbie
    Join Date
    Apr 2012
    Posts
    1

    Newbie here: Disputing debt

    I have been searching the site for a days and can't seem to put in the right words in search to find my answer. Sorry if its redundant. I an wondering if you really only have 30 days to dispute a debt when you recieve the first letter from a collection agency.
    I had a revolving credit line with Beneficial some years ago that we were went to collection. It was a substantial amount, almost $9000. About a yr and a half ago it was sold to a collection agency and we made pmts to them for $150.00 a month. Then all of a sudden they said they no longer had the debt and it had been sold to someone else. I should add that the amount they had it up to was over 10 grand. We paid religiously for about a yr. Now all of a sudden 2 months ago I received a letter from a new collection agency, altho it has the name of an atty as the name of the agency. They were requesting payment in the amount of 11grand! Unfortunately, I did not respond to dispute the debt in that 30 day time frame. Can I still send a letter requesting validation of debt or am I too late? I did not respond to the first letter due to family and health issues. Now I regret it.

  2. #2
    jam237 is offline Senior Member
    Join Date
    May 2003
    Posts
    3,125

    Re: Newbie here: Disputing debt

    Yes, and no...

    The law says that...
    § 809. Validation of debts [15 USC 1692g]

    (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

    (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) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) 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 any 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.

    (c) 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.
    After the 30 days from receipt has passed, the following occurs.

    (a) The Debt Collector can ASSUME that the debt is valid.
    (b) They may not have to CEASE COLLECTION EFFORTS until they obtain the validation requested.

    They can not however use their ASSUMPTION of the VALIDITY of the debt to be used against you.
    --
    jam
    An educated consumer.
    Why Time Barred C&D = Delete
    Pulls and PRMs


    Daniel Webster: You seem to have an excellent acquaintance with the law, Sir.
    Scratch: Sir, that is no fault of mine. Where I come from, we have always gotten the pick of the Bar.
    The Devil and Daniel Webster, Stephen Vincent Benet

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