This notice is not from a debt collector but from the party to whom the debt is owed.
This notice is not from a debt collector but from the party to whom the debt is owed.
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Once you receive the validation information or notice from the debt collector during or after your initial communication with them, you have 30 days to dispute all or part of the debt, if you don't believe that you owe it.
Within 30 days of receiving the written notice of debt, send a written dispute to the debt collection agency. You can use this sample dispute letter (PDF) as a model. Once you dispute the debt, the debt collector must stop all debt collection activities until it sends you verification of the debt.
The debt collector has a certain amount of time to file the suit, called the "statute of limitations." In Texas, the statute of limitations for debt is 4 years. After that time passes, they can no longer file a lawsuit to collect the debt.
The creditor wins by default, and can get a court judgment against you for the amount you owe and try to collect on the judgment by seizing your property. By law, your homestead and certain kinds of property and income are exempt.
If you're sent to collections for a debt you don't owe or a collector otherwise ignores the FDCPA, you might be able to sue that collector. It's a good idea to do everything you can under the law to protect your rights before you sue.
Handling an Erroneous Collection Send them a letter within 30 days of the first contact, requesting documentation of the account, and tell them not to get in touch again until they can prove you owe them money.
You can consider contacting a lawyer that specializes in debt collection cases if you don't believe you can resolve the issue with the debt collector or credit reporting companies. If you win your lawsuit, you can recover lawyer fees and other court costs.
Within five days after a debt collector first contacts you, it must send you a written notice, called a "validation notice," that tells you (1) the amount it thinks you owe, (2) the name of the creditor, and (3) how to dispute the debt in writing.