Does the 30 days go both ways? Newb

-For the collection agency to HAVE TO LEGALLY respond, your request for validation needs to be done in the 30 days following the INITIAL COMMUNICATION FROM the debt collector.

 

send your dispute and written request for validation out right away to protect your rights.

they will need to respond within 30 days from the date of your letter.

if they come up with all the proof you might want to consider making a min payment arrangement since its still within the SOL for them to take legal action against you if you refuse.

the LAst thing you want is a judgment on your record
to me thats worse then a charge off

good luck

 

They do not have to respond within the 30 days after receiving the dispute, unless your state specifically requires them to respond within that time frame.

The FDCPA provides no 30 day limit for them to respond, it only requires that they cease collection activities until they can provide the validation requested. If they want to close the account, never let you know that they've closed the account, they can.

(Since its relatively 'new' theres a really small chance that it'll be closed, since the chances are very good that the OC could produce the documentation needed to validate the account. Your even still in (or just outside of) the 5 year document retention period, so the original application should be able to be tracked down.)

The FCRA is the only thing that does provide a 30 day limit.

 

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;
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does this answer your question???

(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
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look here >>>>>>

(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.


you can go to findlaw.com and look up your states laws , codes, statutes or other cases,

or you can ask an attorney a legal question on various types of law at lawguru.com

hope this helps you sorry for the confusion.

 

Re: Re: Does the 30 days go both ways? Newb

FDCPA = Fair Debt Collection Procedures Act

FCRA = Fair Credit Reporting Act

and Jam is right about the fact that CA's do not have to respond in 30 days.