Legal Question in Credit and Debt Law in Pennsylvania

does a collection company have to give you 30 days to dispute the validity of a debt?


Asked on 4/18/11, 12:31 pm

1 Answer from Attorneys

Yes by virtue of the Fair Debt Collection Practices Act, a federal law, 15 USC � 1692g:

(a) Notice of debt; contents

Within five days after the initial communication with a consumer

in connection with the collection of any debt, a debt collector

shall, unless the following information is contained in the initial

communication or the consumer has paid the debt, send the consumer

a written notice containing -

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days

after receipt of the notice, disputes the validity of the debt,

or any portion thereof, the debt will be assumed to be valid by

the debt collector;

(4) a statement that if the consumer notifies the debt

collector in writing within the thirty-day period that the debt,

or any portion thereof, is disputed, the debt collector will

obtain verification of the debt or a copy of a judgment against

the consumer and a copy of such verification or judgment will be

mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request

within the thirty-day period, the debt collector will provide the

consumer with the name and address of the original creditor, if

different from the current creditor.

(b) Disputed debts

If the consumer notifies the debt collector in writing within the

thirty-day period described in subsection (a) of this section that

the debt, or any portion thereof, is disputed, or that the consumer

requests the name and address of the original creditor, the debt

collector shall cease collection of the debt, or any disputed

portion thereof, until the debt collector obtains verification of

the debt or a copy of a judgment, or the name and address of the

original creditor, and a copy of such verification or judgment, or

name and address of the original creditor, is mailed to the

consumer by the debt collector.

(c) Admission of liability

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.

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Answered on 4/18/11, 7:55 pm


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