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Requested validation of debt & collection agency refuse to send it?


what happens if a debt collector stops sending you letters. How do i know if the debt is now invalid? I ask for a validation of debt and they never sent it to me and now they don't send me anything at all. How do i know they won't come back in 4 years? How can I stop them from haunting me in 4 years if they refuse to answer my letters now.

You don't know until they write to you. The law sucks in that regard. Unfortunately, the Statute of Limitations is quite long in many states - longer than for crimes in many instances. Pull your credit reports on a regular basis. It is usually a good idea to sign up for each of the big three. What you can do is request one, then four months later request another and four months after that, request the third. That way you get regular reports throughout the year. Perhaps that will allow you to see how they have treated the alleged debt.

Hi Liz...

The landslide of letters that you get in the mail typically has nothing to do with your credit report after a while. Creditors, or in this case "alleged creditors" can always send you letters. There is no time limit on how long they can pester you and flood your mailbox. Which is why they do it for such a long time.

Liz, you can just turn that frown upside down sweetie! There is HOPE! Pull a copy of your credit report. Usually those "free credit report" places you hear about on the radio or TV are pretty good. You'll get a snap shot of what's on all three of your major credit reports. If you see the "alleged creditor" on your credit report, you have the opportunity to dispute it. If the creditor does not provide validation of the debt to the credit reporting company within 30 days (depending on which credit reporting company it is), the negative reporting will be removed from your credit report for good.

You have to promise to use this information for the purpose of good though. It violates laws against purgury if you dispute something knowing full well that it's really yours.

I am not a legal expert, but I believe they have 30 days to validate once they received your notice. You must send it in writing and it should be certified, so you have proof that you sent it. If the mail was not certified, you have no proof that you sent it. Here is the law under the

THE FAIR DEBT COLLECTION PRACTICES ACT

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.

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