Is It True That A Debt Collector Must Respond in 30 Days

Is It True That A Debt Collector Must Respond in 30 Days

This is actually false. The 30-day requirement is placed on consumers. While a consumer must send a validation request within 30 days of the first collection letter that contains the 30-day notice, a debt collector can take as long as he chooses to respond. However, he cannot attempt to collect again until he provides validation. However, if there is a stipulation for tacit acquiescence according to Restatements Second of Contracts ยง 69, the 30 day silence is acceptance rule is valid.

Note that after receiving a timely validation request, a debt collector does not have to validate if he chooses to cease collection efforts. He may never respond at all, or he may send a letter informing the consumer that the file on the account is closed. 
    • Related Articles

    • What Practices Are Banned For Debt Collectors

      Regarding harassing or abusive tactics, debt collectors may not: Use or threaten to use violence or criminal means to harm a person, their reputation or property; or Use obscene or profane language; or Advertise someone owes a debt; or Advertise a ...
    • Can Debt Collector Contact Others About One's Debt

      If one has an attorney, the FDCPA prohibits a debt collector from contacting anyone other than one's attorney. If one does not have an attorney, the debt collector may contact other people, but only for the purpose of finding out where one lives or ...
    • What If Debt Is Not Disputed Within 30 Days of Receiving Notice

      This is a tricky area and the FDCPA should actually be amended to be clearer on this issue. While the Fair Debt Collection Practices Act states that the consumer should dispute the debt within the first 30 days of receiving the notice it does not ...
    • How Is A Debt Collector Allowed to Contact Me

      A debt collector may directly contact a person, or indirectly, such as by mail, telephone, telegram, e-mail or fax. Without express permission or permission granted through a court order, a debt collector may not: Contact someone at unreasonable ...
    • Judge Said Original Note Is Not Necessary | Verification of Debt

      This is a blatant misrepresentation to keep one from exposing the truth. The Judge is in most cases using the words VALIDATION and VERIFICATION interchangeably, but they are very different in their meanings. The Chaudhry v. Gallerizzo case upheld a ...