Need Advice on the 30 day rule

bflyf15e · 03-25-2007, 06:09 AM

I have moved three times since my divorce and just recently discovered my ex-wife had not paid off some of my bills while I was in the police academy.

I have just received a letter from a collection agency; this letter was sent to my old address and then forwarded to my new address, which is oversea's. By the time I received the letter, 20 days has past from the date on the letter.

When I send them a request to validate the debt, am I screwed due to the fact that I did not respond within the thrity days?

Thanks...I am glad that I discovered this website...I have been in a state of panic since I received the letter.

roybean · 03-25-2007, 07:31 AM

30 days begin when you receive the letter...

Certified mail # xxxx xxxx xxxx xxxx

Dear dirty low down so and so...
in regard to the letter that I received on such and such day, I am disputing this debt in its entirety and it is an inconvenience for you to contact me by phone anywhere at any time.

Signed,
suck my toes hard.

Save the letter (make copies) and the envelope that it come in.

Enigma · 03-25-2007, 08:09 AM

Echoing what Roybean wrote, does your divorce decree state your ex was to pay the bills?

If so have your attorney write her a nice little letter. If she fails to pay then move the court to intervene.

Pale Rider · 03-25-2007, 12:00 PM

Here is the text from FDCPA

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

I believe it was Jlynn that always suggested stating in your letter that this was a first communication. Something like

"I am in receipt of your initial communication with me on 1/2/2007....."

Can we ask why you are over seas? Not to be nosy, but if you are in the military you have some special rights in the Soldiers and Sailors Relief Act. One of those rights is that they cannot sue you while on active duty.

http://www.defenselink.mil/specials/..._Act_Revision/

http://usmilitary.about.com/od/sscra/l/blsscra.htm

Hedwig · 03-25-2007, 05:36 PM

Yes, if you're in the military the picture changes because of the laws PR cited.

If you're military, head down to the JAG office. They will even help you write the letter.

roybean · 03-25-2007, 05:41 PM

Quote:

Originally Posted by Pale Rider

Here is the text from FDCPA

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

I believe it was Jlynn that always suggested stating in your letter that this was a first communication. Something like

"I am in receipt of your initial communication with me on 1/2/2007....."

Can we ask why you are over seas? Not to be nosy, but if you are in the military you have some special rights in the Soldiers and Sailors Relief Act. One of those rights is that they cannot sue you while on active duty.

http://www.defenselink.mil/specials/..._Act_Revision/http://usmilitary.about.com/od/sscra/l/blsscra.htm

Hey, I forgot about that...good thinking PR