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  1. #1
    Join Date
    Oct 2008
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    1

    Default Requesting a Copy of a Debt from a Debt Collector

    My question involves collection proceedings in the State of: California.

    I have been receiving phone calls from a debt collector, and they hang up whenever I answer the phone. When I called them back, they claim that I owe them money for an account that I have no recollection of creating. When I asked for a copy of the debt, I was told that by law they were not required to send me a copy if it has been past 30 days. I told them that I never received the first noticed and verified that the address they have is incorrect. I have never lived at the address they sent the notice to. When I told them that, they hung up the phone.
    What are my rights to receive a copy of the debt? Do I only have the first 30 days even if the address they have on file is wrong?

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Requesting a Copy of a Debt from a Debt Collector

    Google validation debt letter

  3. #3
    Join Date
    Oct 2008
    Location
    Washington comma the Great State of.
    Posts
    1,211

    Default Re: Requesting a Copy of a Debt from a Debt Collector

    Quote Quoting RDCol
    View Post
    My question involves collection proceedings in the State of: California.

    I have been receiving phone calls from a debt collector, and they hang up whenever I answer the phone. When I called them back, they claim that I owe them money for an account that I have no recollection of creating. When I asked for a copy of the debt, I was told that by law they were not required to send me a copy if it has been past 30 days. I told them that I never received the first noticed and verified that the address they have is incorrect. I have never lived at the address they sent the notice to. When I told them that, they hung up the phone.
    What are my rights to receive a copy of the debt? Do I only have the first 30 days even if the address they have on file is wrong?
    I recommend that you know your rights by reading this easy to follow website's information on the subject. It's straight forward and gives you all kinds of tips, including links to the relevant federal statues within its own text so you can verify what the law says yourself.

  4. #4
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Requesting a Copy of a Debt from a Debt Collector

    The FDCPA says:

    (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;
    So if you can prove that you did not receive the notice, then the 30 day clock does not start until you do receive the notice. The burden of proof lies with you. Do not talk to them on the phone. In writing only, otherwise proof is much more difficult.

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