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Over 30 days (120 days)

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I requested validation by certified mail from a CA. They first sent me a letter stating they had my information and account numbers. I replied stating this was not validation and to remove any trade lines they are reporting. They responded and stated they are removing the trade lines. Great, but they are still attempting to validate the debt. I understand they have 30 days. It has now been 120 days with no validation. If they validate this debt now, can they put it back on my credit report?

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Good question, this is a source of confusion.

A collection agency has no time limits in which to respond to a debt validation, none. I always say 30 days because this is a reasonable period of time for anyone to right a wrong, and you need to show that you are trying to resolve this matter in good faith, if you have to take them to court later.

In the FDCPA, the 30 days refers to the period from the date of receiving notice of collection that a consumer has to dispute the debt. However, since they never send these things registered mail, they have no proof you ever received it. So, this is why you can go debt validation at almost any time after the account is placed into collection, not just the 30 days.

If you are disputing account information or any information on your credit report, the FCRA REQUIRES that the *credit bureau* respond to you in 30 days. They don't have an option, this is the law.

The 2 are often confused. I hope this helps.

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  • 1 month later...

In regards to the 30 day matter involving the collection agency, what you want from them is simply to go away and not pursue you beyond their foolish harrassment tactics.

Before anyone can actually take you to court for a commercial matter, they must exhaust their administrative remedies with negative results.

When you don't respond within 30 days as their letter states, you are agreeing that you owe them (the CA) the money and you must pay them or they could sue you.

In turn when you answer them and give them thirty days to do something such as verify the debt. You are in essence puting into operation your own administrative remedy.

When they don't respond they are in essence saying that the debt does not exist as far as they are concerned.

I would really suggest that everyone on this board go out and get a copy of Black's Law Dictionary and a copy of the latest revision of the Uniformed Commercial Code of the United States of America.

Once you begin to understand the language that is used in these legal letters that are being sent back and forth and what the language really means as well as what the laws state regarding commercial activity, you will be able to use the information here in a more powerful way.

George ;)

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