How to handle: this is an old debt — possibly past the statute of limitations
Request validation AND the date of last payment / itemization date so the debt's age can be assessed, WITHOUT acknowledging the debt or making any payment (which can restart the limitations clock in many states). Note that suing or threatening suit on a time-barred debt is prohibited. Tell the human to verify their state's limitations period before doing anything else.
Caution: Do NOT pay, promise to pay, or admit the debt is yours before confirming your state's statute of limitations — a payment or admission can RESTART the clock and revive an otherwise unenforceable debt.
Deadline: 30-day dispute window (from the collector's first written notice) — 30 days. The 30 days run from when you RECEIVED the collector's initial written notice (the §1692g(a) validation notice), not from when the debt arose. Disputing in writing within this window forces collection to STOP until the collector mails verification. You can still dispute after 30 days, but the collector is not required to pause collection.
The correct letter
Debt-Validation Letter (FDCPA §809) — Sent to a third-party DEBT COLLECTOR. Demands the collector validate the debt before collecting further. If mailed within 30 days of the collector's first written notice, the collector MUST cease collection until it mails verification (15 U.S.C. 1692g(b)).
The statutes it stands on
15 U.S.C. 1692g(b) — If the consumer disputes the debt in writing within the 30-day period, the collector must CEASE collection until it mails verification of the debt (or a copy of a judgment). [read]
12 C.F.R. 1006.26 (Reg F) — A debt collector may not sue or threaten suit on a time-barred debt; the validation notice may be required to disclose a debt's age/limitations status in some contexts. [read]
15 U.S.C. 1692e — A debt collector may not use false, deceptive, or misleading representations (including misrepresenting the character, amount, or legal status of a debt). [read]
15 U.S.C. 1692f — A debt collector may not use unfair or unconscionable means to collect a debt, including collecting any amount not authorized by the agreement or permitted by law. [read]
Evidence to enclose
The collection notice (note the date)
Anything showing the date of your last payment or activity on the account
Certified-mail receipt
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