Date on Letter from Collection Agency
My question involves collection proceedings in the State of: GA
Yesterday, 3-13-09, I received a notice from a collection agency that was dated Feb. 18,2009. There is NO way it could have taken nearly 1 month to get here. I have 30 days to request validation, which I am sending certified on Monday. What I want to know is this: Is the date of Feb. 18 the date they count the '30 days to respond in' starting point, or the date of 3-13- that I received it?
Why would that date of Feb. 18 be on that letter and it just received on the 13th? I know it would NOT be beyond collection agencies to do something like this, but does this detract from the 30 days? If so I am in a mess. There is NO postage date on the envelope, It is one of those 'First-Class Mail Presorted' post things with no date of mailing on it.
Re: Date on Letter from Collection Agency
The 30 days begins when you receive the letter. The courts assume that you receive the letter within 5 business days of mailing, so you are good. There is case law on this, I just don't remember the case. Even if you assume that the letter was received on 2/18, 30 days means that you have until the 20th to send your dispute.
Dodging the 30 days period specified in the FDCPA is a common tactic.