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?
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.