How to Dispute Debt After 30 Days

Under the Fair Debt Collection Practices Act, debt collectors are required to provide validation of debts that they are trying to collect when you provide a written request within 30 days of initial contact. The Association of Credit and Collection Professionals states that failure to provide the request within 30 days means that "the debt collector is not required to provide you with verification". Nor is the debt collector required to provide more than one initial verification when you make more than one request. Although your rights will remain better-protected if you meet the 30-day cutoff, you should make every attempt to dispute the unfair debts even when you miss the deadline.

Instructions

Go Through Usual Channels

1

Organize and maintain a personal file that includes all information that you have about this debt as soon as you realize that you missed the deadline. Include all contact between you and the agency. The Privacy Rights Clearinghouse encourages you to include a log of all phone calls, notes from phone conversations, copies of mailed notices and recordings containing "messages that are abusive or overly intrusive".

2

Compose and send a verification request letter in order to demonstrate good faith as well as a commitment to following protocol. Refer to previous communication from the collector, and specify the debt that you wish to dispute. The Privacy Rights Clearinghouse suggests sending dispute letters "to both the collection agency and the creditor by Certified Mail, Return Receipt Requested".

3

Write a second letter requesting that further communication with the collector happen in writing, as written requests are easiest to track and manage. In this letter, request written verification of anything communicated to you over the phone, including any negotiated payment plans or stated deadlines. Recount previous conversations in detail, and request a signed response from the collector that verifies your understanding of any arrangements.

Prepare For The Worst

4

Recognize that collectors have no legal obligation to verify your debts given that you missed the 30-day deadline. Take steps to ensure that you do not continue to miss deadlines. Open all mail as soon as you get it, and answer phone calls as frequently as possible to request information.

5

Seek credit counseling, but be careful to use reputable, qualified counselors. The Privacy Rights Clearinghouse suggests seeking help "through a member agency of the National Foundation for Consumer Credit, such as the Consumer Credit Counseling Service". Verify the qualifications of the counseling service before sharing any personal information, and request its assistance with disputes and payment plans.

6

Secure legal counsel. The Privacy Rights Clearinghouse explains that "you may sue in state or federal court within one year of violation of the law", but you and your lawyer may elect to negotiate a settlement instead. Once you begin dealing with the attorney, allow your lawyer to make all contact with the collection agency on your behalf.