I have read and am semi-well versed on the FDCPA and FCRA. Within five days of its first communication to you, the debt collector is responsible for sending you a debt validation notice.
What happens if you pull your report(s) and notice a company that has been on there for several years and NEVER initiated any sort of contact with you?
jle4044
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Doesn't matter that they didn't contact you, you STILL have the right to demand a DV.
DV is covered under FDCPA Section 809, which I'm sure you've read, but go back to subsection (c), which states:
"The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer."
You get the benefit of the doubt and the CA still bears the burden of proof that you legitimately owe the debt.
Ti
You have to request debt validation from the creditor.
You must tell the the debt collector that he has five business days to send you a written explanation why he is calling you. If his explanation is not sufficient, you can then demand that he validates the debt.
A debt collector is not required to contact you before reporting you to the credit bureaus.
bdancer222
There is no requirement to contact you.
If you don't think the debt is yours, you can just dispute it with the credit bureau. If that doesn't get the item removed, send a certified, return receipt letter to the collector requesting validation of the debt to include copies of contracts or other documentation that proves the debt is yours.
Anonymous
No they are responsible for sending you a notice of the collection debt. Until and unless you REQUEST validation they do not have to send you anything.
You can dispute it and see if they reply but if they do it will stay on there for 7.5 years from your default date.