A notice of debt is a written letter sent to you informing you that a debt is owed. If debt collectors first contact you by phone, they are required by law to send you a written debt validation letter in the mail within five days. This notice will inform you that you have 30 days to dispute the debt if it is invalid.
If the debt is not disputed within thirty days then the creditor can assume that it is valid. During the 30-day period after the notice of debt has been sent, the debt collector still has the right to call you in attempts to collect the debt. Debt disputes must be made in writing.
How Does a Notice of Debt Relate to an FDCPA case?
In order to protect your rights under the FDCPA, your request for proof must be made in writing and sent within 30 days of receiving the notice of debt. A phone call is not a sufficient way to make a dispute. In your letter you have the right to request the name of the original creditor, dispute part of the debt or dispute the entire debt. Debt collectors are not allowed to contact you again after they receive the validation request until they can provide you with the proof that you requested.
How Can an Attorney Help?
An FDCPA attorney may be able to help you by drafting a validation request for you. If you retain an attorney all debt collection calls and letters will need to go through him so you will not need to deal directly with your creditors. Speak with a creditor harassment attorney today by filling out our Free Evaluation!