What Happens if Collections Agency doesn’t send validation of debt?

[Anonymous]

It’s been almost thirty days since I have requested itemized validation of debt from Collections Agency and they have not sent it yet. I requested it in writing by mail. What’s my next step?

[19eighty5]

Did you send it CMRRR?

[Anonymous]

No. Just regular mail. 

[Jnbmom]

By not sending to CMRR you essentially gave them no time table You don't have proof when they received it to start the 30 day time clock.

[Anonymous]

I wrote the dates in the letter. Is that not good enough? I didn’t want to do certified because I mailed to their P.O. Box. Also, they have removed it from the credit bureaus until investigation is complete. It’s been over a month. Two of my collections have done this.

[Jnbmom]

No writing down dates is not proof. Did you dispute these, are they marked as "in dispute" or are they gone from your reports? You might have gotten lucky. Are these collections inaccurate?

[Anonymous]

I have three in collections. Forgive me if I forget some of the deatails. I sent PFD letters to two of the collections agencies and they sent letters saying my account has been placed on hold status and the purpose of the letter is to provide me with legal notices. It says they will provide me with verification of debt if I send a written request within thirty days. They did send a copy of the amount I owe the OC but it’s way different. So I sent written request for an itemized validation. That’s what I haven’t heard back about.

[RobertEG]

The debt validation process under the FDCPA imposes a cease collection bar on the debt collector if the DV request is timely, meaning it is sent within 30 days of their dunning notice.

A DV request, even if timely, does not impose any period within which the debt collector must provide validation.

They can choose to delay sending validation indefinately, and choose to cease further collection activities.

Thus, you simply wait until validation is sent.

If you do not consider a response to comprise adequate validation, then that is not per se a violation.

It means that you consider them to remain under the cease collection bar, provided the DV was timely.

If they then commence collection activities, you can assert a violation of the cease collection bar, and bring civil action asserting a violation of FDCPA 809(b).  It will then be up to a judge to rule whether what they provided was adequate.

Most case law does not require supporting documentation, but it is a case-by-case interpretation by the judge based on the case law precedent in your jurisdiciton.

[Anonymous]

Thank you very much for your knowledge on this subject. So it will not appear on my credit report as long as they have this in limbo? Also, what would be the reason for them to keep this in limbo? I’ve already offered to pay the full amount owed but they started this instead.