How long do debt collectors take to respond to debt validation letters?

George Simons | October 19, 2022

Summary: Are you unable to pay your debt because of a disability? Find out what you can do to keep the debt collectors away.

So, a debt collector sent you a notice of debt. And you took the right next step and sent a Debt Validation Letter.

But you've been waiting for weeks and you've gotten no response to your Debt Validation Letter.

How long does a debt collector have to validate a debt, anyway?

Unfortunately, a debt collection agency can take as long as they want to respond to your request to validate an existing debt.

I would say, generally, the usual range is between 1–30 days or they never respond.

Here's a video with more info on Debt Validation Letters.

SoloSuit helps you make your Debt Validation Letter in just 3 minutes.

Debt collectors don't have a deadline to respond to a debt validation letter

The Fair Debt Collection Practices Act (FDCPA) actually gives the collector this power to keep the debtor in a state of uncertainty until the statute of limitations runs. It can be hard for you to know whether the collection agency failed to validate the debt or if the proof is on its way to you in the mail right now.

Here's the relevant section of the FDCPA on debt validation.

§ 809. Validation of debts

(a) Notice of debt; contents

Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(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;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) Disputed debts

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer's right to dispute the debt or request the name and address of the original creditor.

(c) Admission of liability

The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

(d) Legal pleadings

A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a).

So, you'll notice the FDCPA says the consumer must request validation of the debt or dispute the debt within 30 days or she automatically admits validity of the debt, but the collector can take however long they want to validate the debt.

They are supposed to provide validation of the debt within 5 days, but what happens if they don't? Nothing? Under §813(a)(2)(a), you could potentially sue them for $1000, I'm not sure what the case law shows for this.

So this is one section of the FDCPA that unfortunately skews in favor of the collector allowing them to take essentially as long as they want to respond to your request for validation.

All of that said, the FDCPA does specify other deadlines, shown in the image below. The FDCPA §809 creates two main deadlines. One, within 5 days of its first contact with you, the debt collector must send you 5 points of information.

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

Two, within 30 days of receiving this info, you must respond with a Debt Validation Letter disputing the debt and requesting the debt collector provide validation of the debt, among other things. If you don't send this letter, the debt collector will assume the debt is valid, and you'll miss a major opportunity.

Debt Validation Letter Timeline

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How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document before filing.

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How long does a debt collector have to validate a debt?

When you send a debt dispute letter to a creditor, the debt validation period might last for weeks, months, or longer. Since the FDCPA doesn't mandate when creditors must respond, the only date that may concern them is when the statute of limitations runs out on the debt.

Regardless, it's still important for you to dispute the validity of the debt. Otherwise, creditors could claim your lack of response as evidence that you know the debt is your responsibility. If you receive no response to your debt validation letter, you can use the fact that the collection agency failed to validate the debt as part of your defense in court.

In the end, the debt collection agency might offer no response to your debt validation letter simply because they know they can't legally validate the debt. To continue to pursue the debt, they have to come up with proof. If they can't, the collection calls must stop and you've won the fight!

What if the debt collector doesn't respond to a Debt Validation Letter?

Failing to respond to a Debt Validation Letter while continuing to collect on the debt is a direct violation of the FDCPA. You can report a debt collector's failure to respond to your state's attorney general, the Consumer Financial Protection Bureau (CFPB), or the FTC. You may also file a counterclaim against the debt collector for up to $1,000 for each violation.

If the collector doesn't respond to the Debt Validation Letter but stops attempting to collect on the debt, then that is ok. They are not violating the FDCPA in this case.

Make sure to keep track of all correspondences you have with the debt collectors in writing. This includes all sorts of communications: letters, phone call records, emails, etc. Having this paper trail will serve as proof if you need to take further legal action against the collector.

What if the collection agency fails to validate the debt?

If you've requested a debt validation from a debt collector, you can rest assured knowing that most debt collectors simply give up at this stage in the process. Since most collection agencies purchase old debts for pennies to the dollar, it may not be worth it for them to spend the time and resources required to validate a debt and file a lawsuit. In the event that the collection agency cannot validate the debt, they will usually cease collection efforts immediately.

However, this isn't always the case.

If a debt collector fails to validate the debt in question and continues trying to collect, you have a right under the FDCPA to countersue for up to $1,000 for each violation, plus attorney fees and court costs, as mentioned previously.

What if the collector sues for the debt?

The first step to responding to a debt lawsuit is filing an Answer with the court and sending a copy of it to the opposing attorney. You have 14-30 days to respond to the summons and complaint, depending on which state you live in. Failure to respond in court may result in a default judgment being entered against you, which can hurt your credit score and lead to issues like wage garnishment.

SoloSuit can help you file an Answer in all 50 states.

The flowchart below outlines how to win a debt lawsuit at various stages. So, if a debt collector sends you a collection letter, then you should respond with a Debt Validation Letter. If they sue you with a Complaint and Summons, you should respond with an Answer.

Debt Collection Lawsuit Flowchart

How to Answer a Summons for Debt Collection in Your State

Here's a list of guides for other states.

All 50 states.

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