How Long Do Debt Collectors Take to Respond to Validation Letters?
Debt collectors have no legal deadline to respond to your debt validation letter under the FDCPA, though most respond within 1-30 days or never respond at all. If they continue collection efforts without validating the debt, you can sue for up to $1,000 per violation plus attorney fees.
Answer Your LawsuitA debt collector sent you a notice of debt. You took the right next step and sent a debt validation letter.
But weeks have passed with no response. How long does a debt collector have to validate a debt?
Debt Collector Sued You? Respond Before the Deadline
You have 14-30 days to file an Answer to avoid default judgment and wage garnishment. Our partner Solo helps you respond to debt lawsuits in all 50 states.
File Your Answer NowUnfortunately, a collection agency can take as long as they want. The usual range is between 1-30 days, or they never respond at all.
Debt Collectors Have No Deadline to Respond
The Fair Debt Collection Practices Act (FDCPA) gives collectors this power. They can keep you in a state of uncertainty until the statute of limitations runs out.
You might wonder if the collection agency failed to validate the debt. Or maybe proof is on its way in the mail right now. You simply cannot know for sure.
What the FDCPA Says About Debt Validation
The FDCPA Section 809 creates two main deadlines. But only one applies to you as the debtor.
Within 5 days of first contact, the debt collector must send you:
- The amount of the debt
- The name of the creditor
- A statement that you have 30 days to dispute the debt
- A statement that disputing in writing requires them to obtain verification
- A statement that you can request the original creditor’s information
You have 30 days to respond with a debt validation letter. If you don’t send this letter, the collector assumes the debt is valid. You miss a major opportunity to protect yourself.
The FDCPA says you must request validation within 30 days. But the collector can take however long they want to validate the debt.
Under Section 813(a)(2)(a), you could potentially sue them for $1,000 per violation. But the law unfortunately skews in favor of the collector on response time.
How Long Does a Debt Collector Have to Validate?
The debt validation period might last weeks, months, or longer. Since the FDCPA doesn’t mandate when creditors must respond, they only care about the statute of limitations.
You should still dispute the validity of the debt. Otherwise, creditors could claim your lack of response as evidence. You’re admitting the debt is your responsibility by staying silent.
If you receive no response, you can use that fact in court. The collection agency’s failure to validate becomes part of your defense.
The debt collection agency might offer no response because they can’t legally validate the debt. To continue pursuing the debt, they need proof. If they can’t provide it, collection calls must stop.
What If the Debt Collector Doesn’t Respond?
Failing to respond while continuing to collect is a direct FDCPA violation. You can report the debt collector to your state’s attorney general. You can also contact the Consumer Financial Protection Bureau (CFPB) or the FTC.
You may file a counterclaim against the debt collector for up to $1,000 per violation. Attorney fees and court costs can be recovered as well.
If the collector doesn’t respond but stops attempting to collect, that’s acceptable. They are not violating the FDCPA in this case.
Keep track of all correspondences with debt collectors in writing. Save letters, phone call records, and emails. Having this paper trail serves as proof for legal action.
What If the Collection Agency Fails to Validate?
Most debt collectors simply give up at this stage. Collection agencies purchase old debts for pennies on the dollar. It may not be worth their time to validate the debt and file a lawsuit.
When the collection agency cannot validate the debt, they usually cease collection efforts immediately.
However, this isn’t always the case.
If a debt collector fails to validate and continues trying to collect, you have rights. You can countersue for up to $1,000 for each violation under the FDCPA. You can also recover attorney fees and court costs.
What If the Collector Sues for the Debt?
The first step to responding to a debt lawsuit is filing an Answer. You must file with the court and send a copy to the opposing attorney.
You have 14-30 days to respond to the summons and complaint. The timeframe depends on which state you live in.
Failure to respond may result in a default judgment against you. A judgment can hurt your credit score and lead to wage garnishment.
If a debt collector sends you a collection letter, respond with a debt validation letter. If they sue you with a complaint and summons, our partner Solo can help you respond with an Answer in all 50 states.