QUESTION

What do I do if a collection agency didn't respond to debt validation demand within 30 days?

Asked on Dec 05th, 2012 on Bankruptcy - Utah
More details to this question:
We received a collection notice for a debt that we do not owe on June 30th, 2012. On July 9th, 2012 we faxed the collection agency a demand for debt validation, stating that according to FDCPA requirements, they have 30 days to respond with a debt validation, or otherwise must cease all collection activity. On November 27th (143 days later) we received their response, as well as a demand to pay the account. Furthermore, the debt validation form that they sent does not have our signature on it and is not valid proof of debt. Isn't this illegal according to the FDCPA requirements, and if so, how do we go about suing the collection agency for violating the FDCPA? This is the fourth agency that has sent us a notice about this account, and each time we have sent a validation demand and not one of them has ever responded until now.
Report Abuse

1 ANSWER

Family Law Attorney serving Provo, UT at Havens Law, LLC
Update Your Profile
All the references to the 30 day period in the debt validation section of the FDCPA refer to the amount of time you have to demand debt validation. The collection agency has as long as they want to respond, but must cease all other contact and collection activity until they send you validation. What is required for debt validation for FDCPA purposesis vague in the statutes and most courts have held a low standard for this. For FDCPA purposes, courts have held to a low standard and only require that the identifying information is correct and there is an amount owed. Some also require a showing of at least some payment history. The FDCPA does not require contracts or signatures. However, some states have stricter requirements for the time to respond and proof required for validation. I know Utah does not have any additional requirements. Also note that because a collection agency has enough information to validate a debt does not mean that it is enough if they sue you and you respond to the lawsuit. Then a contract will probably be required. If you think that your rights under the FDCPA have been violated or are being sued for a debt you don't owe, then you should seek the advice of an attorney.
Answered on Dec 07th, 2012 at 1:42 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters