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How should I go about responding to a 30 day debt collector notice?

Danville, CA |

This debt collector, just sent me another letter, attempting to collect on a credit card debt, that is beyond the seven year credit mark.

They do not have any intentions to report me to the credit bureaus. Their asking to simply pay the debt.

Attorney Answers 4

Posted

Send them a letter asking / telling them to cease all communication with you. After that, they can send you one last letter. If they continue to communicate with you after that, they are in violation of the Fair Debt Collection Practices Act and you have grounds to sue them.

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4 comments

Asker

Posted

I have prepared a letter, and will send it out on Monday, certified RRR. My original docs prove their attempt to collect is illegal. Do I need to request for a debt validation?

Richard Scott Lysle

Richard Scott Lysle

Posted

Did you receive a Letter" or a "Summons"? If a Summons, you must file a pleading with the court (and pay the filing fee). As to responding to a letter, the important thing is to advise them that you dispute their claim. You do not need to be too specific. Quite often the debt collector will just ignore your letter.

Asker

Posted

This is the second letter I have received. I thought you normally get to validate debt, one time under the initial 30 day notice. This recent letter the account number has changed. The language now reads " The law limits how long you can be sued on a debt. Because of the age of your debt, LVNV Funding LLC will not sue you for it, and LVNV LLC will not report it to any credit reporting agency." With that said, what is the purpose of disputing?

Asker

Posted

BTW: Northland Group Inc is collecting for LVNV Funding, LLC.

Posted

Ask for information & documentation to validate the debt. Hope this perspective helps!

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Posted

I agree, write them a letter, send it certified return receipt, and tell them that the statute of limitations (4 years) has expired on the debt, the 7 years that it may appear on your credit report has expired and that you no longer want them to communicate with you. Contact an attorney to draft the letter if you need help.

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Posted

If they are attempting to collect on a debt when they have no legal right to do so you can sue them under the Fair Debt Collection Practices Act. However, keep in mind there are some things that may affect the statute of limitations. Contact a local FDCPA attorney.

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