Debt Validation, dispute??

[Catacam]

So I received a standard letter from a collection agency that has a last payment date of 01/01/00. Yes, January of 2000. They are telling me if I don't respond within 30 days they will assume the debt is valid.

Do I send them a debt validation letter or a nasty letter about the SOL?

Thank you so much!
Cathy

[RobertEG]

The "unless the consumer, within thirty days of 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" language is straight out of the dunning notice requirements provision of FDCPA 809(a)(3), and is not only proper, but is a statutory requirement of any dunning notice.

That is clarified by section 809(c), which states that "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."

Let them assume what they want. Your state SOL statute and the express provisions of section 809(c) make it clear that any such assumption has no relevancy to any legal determination of actual validity or expiration of debt based on SOL.

[Catacam]

Thank you for your reply. I am concerned that if I don't dispute, it will end up on my credit report, and I certainly don't want that to happen. I am really surprised they would even send something with a date so old.

[RobertEG]

It cannot end up on your credit report provided that the date of your first delinquency on the original creditor account that led up to the collection was more than 7 years plus 180 days ago.  Period.  The date of your last payment or the date of their collection activity or dunning notice is immaterial.

It is not now on there for a reason.  It cant be.

I would still recommend that you send them a DV letter, not for the purpose of obtaining any debt verification, but rather to invoke the automatic cease collection bar that a DV letter provides.  That is a total cease collection activity bar, and until such time as they might happen to provide verification, it bars any communication with you or any reporting to a CRA.

If they do happen to send verification, then just shoot them out a cease communication letter under FDCPA 805(c), and forget about them.

I see no need for concern.  They are just trying to collect a debt from consumers who dont know their rights.