This is a classic case of a collection agent being unable to verify / validate a debt. Here, the collection agent happens to be an attorney, but the law applies equally to all who try to collect a debt.
To understand the basics of verifying or validating a debt (the terms are synonymous) see the Bills.com resource Debt Validation.
Under the Fair Debt Collection Practices Act (FDCPA), if a creditor cannot verify a debt it may not collect the debt or otherwise contact the debtor about the debt. If the collection agent does not contact you further about the debt, it is safe to assume your collection account was a bare account, and therefore is non-collectable.
Should the present owner of your collection account sell or assign the account to another collection agent, you may be contacted again. Like before, validate the debt. If the account contains no documentation, that collection agent may not collect the debt, contact you about the debt, or report it to the credit reporting agencies.
I hope this information helps you Find. Learn & Save.
Best,
Bill
Kansas City, MO | February 16, 2012
February 17, 2012
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) 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 any 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.
As you can see, there is no time limit for the collection agent to respond. You can send a dispute to the credit reporting agencies, but that should not be necessary if the collection agent is complying with the FDCPA.
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