Dunning Notice Timeline

[Kree]

I'm aware that a dunnings notice has a 30 day response window for sending a debt validation letter. However, I'm a bit foggy on the strict due dates.  Specifically for one sent to the wrong address.  Does the 30 days start on:

a.  the date on the letter

b. the usps stamp on the envelope

c. the usps stamp on the forwarding "yellow box"

c. the recieved date

Similarly, if my response is sent and not received until after 30 days does it:

a. count as before 30 based upon sent date on CMRRR receipt

b. count as after 30 based upon CMRRR signature date

Thanks,

[HiiiPoWeR]

.

[HiiiPoWeR]

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@Kreewrote:

I'm aware that a dunnings notice has a 30 day response window for sending a debt validation letter. However, I'm a bit foggy on the strict due dates.  Specifically for one sent to the wrong address.  Does the 30 days start on:

a.  the date on the letter

b. the usps stamp on the envelope

c. the usps stamp on the forwarding "yellow box"

c. the recieved date

Similarly, if my response is sent and not received until after 30 days does it:

a. count as before 30 based upon sent date on CMRRR receipt

b. count as after 30 based upon CMRRR signature date

Thanks,

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I always go by the date they recieved the letter. I have sent various CMR letters to creditors. If I didn't get a response back, I'd print out the tracking information and send a second letter stating they failed to respond within 30 days and gotten the tradelines taken off. If they don't take it off then I file complaints. I hope this hopes.

[RobertEG]

FDCPA 809(a)(3) defines the begin of the 30-day period for sending a request for debt validation as being the date of receipt of the collection ("dunning") notice.  What constitutes receipt is often a matter of interpretation of both the facts of the case and of the law, and when a statute requires interpretation, it is up to the courts to provide that interpretation.   

As for filing a complaint or other action for lack of response to a DV request, there is no required period for response to a DV under the FDCPA, even if the DV request is timely, so there is no violation due to lack of response.

Violation occurs if/when a timely DV request is received and the debt collector thereafter takes an action to collect on the debt without first sending validation.