What to Do If a Collection Agency Did Not Pick Up a Certified Dispute Letter

Section 809 of the Fair Debt Collection Practices Act (FDCPA) states that any individual who is contacted by a debt collector concerning a debt has the right to dispute the claim in writing. The collection agency is then legally required to provide the consumer with proof of the debt before any collection activity may resume. If you mailed a dispute letter to a collection agency via certified mail and the letter was refused, you have other options.

Request a Signature Card

Although most businesses have a courier that picks up and delivers mail from the post office, not all do. In this case, your letter simply may have been disregarded. Collection agencies receive a high volume of disputes and may neglect to pick up certified mail for this very reason. It is legal to refuse mail.

It is possible that the refusal of your certified dispute letter was a legitimate mistake on the part of the collection agency. Attempt to send the letter again via certified mail, but this time request a return receipt. When a letter is delivered return receipt requested, the recipient must sign for the document. The signature card is then delivered to the sender as proof that the mail was received.

Wait for a Response

The FDCPA does not place any time constraints on a collection agency when responding to a dispute letter. The collection agency cannot, however, conduct any collection activity such as calling you, sending you letters demanding payment, updating the debt with the credit bureaus or selling the debt until the dispute is acknowledged and proof has been sent.

If you do not receive a response to your initial dispute, you must monitor your credit reports and document any illegal collection activity that takes place during this time frame. Should the collection agency fail to respond to your dispute yet continue attempting to collect from you, you have the right to sue it for violating the FDCPA.

Examine the Validation

When and if you receive your validation from the collection agency, it is likely to be a simple printed document containing your name, the account number and the amount you supposedly owe. Although this serves as validation in the sense that the company responded to your dispute, it does not serve as legal proof that you owe the debt.

Rule 1002 of the Federal Rules of Evidence states that when requesting proof of a document, only the original document is legally sufficient. If the collection agency mails you a copy of the initial agreement that you signed with the original creditor, the debt has been fully validated and will stand up in court. If, however, you receive a mere printout, you can send a second dispute letter to the collection agency. Notify the company that you want legitimate proof of the debt and if legitimate proof is not received, you expect the debt to be dismissed and any negative entries on your credit report from the collection agency to be removed.