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Need I respond to a debt collectors letter not sent by certified mail?
Anonymous3 views3 answers
I recieved a letter from an unknown debt collection agency demanding money for a credit card debt now three years old. This letter was not sent via certified meal. They claim if I do not dispute the debt in 30 days it will assumed to be correct. Do I need to repond to this letter since there is no proof it was even mailed to me? I am hoping to avoid collection agencies so that the debts become uncollectible with a four year statute of limitation rule in California to collect.
You are not required to respond. If you do not respond, you will lose certain rights, but it is not a legal admission, usable in court, that you owe the debt. If there is no response, or if the letter goes back to the collection agency undelivered or marked moved, deceased, in jail, etc., the collection agency can still due you.
However, before filing suit, the collection agency will want to determine if it makes financial sense for them to invest in the court filing fee (perhaps $435.00), a process server's fees, and an attorney's time to get a judgment that it may not be able to collect. The collection agency will do some investigation of you or your assets before filing.
The notice you received is valid even though not sent by certified mail. You have 30 days to send in writing a dispute letter. Once letter is received by collection they must respond with documentation before proceeding further with collection efforts.
I understand that you wish for the SOL to expire but this may or may not happen. Since they are contacting you now 3 years later it appears that the account has fallen through the cracks and may very well be on track to file a lawsuit to collect within the SOL. They are however attempting to collect voluntarily at this time before proceeding to other legal remedies.
You should carefully consider whether to respond to the letter. If you do respond you may put yourselve on the radar of the collection agnecy (and the creditor). If you do not respond you would miss the opportunity to require the collection agency to "verify" the debt. You may wish to speak with a local attorney who does debt collection work.
