What if the collection agency is waiting for "proof" from the original debtor? How long is the claim valid?

Question

My former employer claims I owe back commissions. They have since sent me to collections. when I ask the collection agency for the details, they say they have requested it from the employer. No answer. How long can they come after me without "proof"?

Answer 1

If you requested validation from the collector within the first 30 days from their first contact to you, then they must cease all collections until they provide validation - which "must" come from the files of your former employer, not on the collectors own letterhead or a computer print out from the collectors office, etc.

Ceasing collections includes not putting it on your credit reports if it currently is not on them, not verifying with the CRA's if they are already reporting and you dispute it, etc.

How long can they try to collect after providing validation - forever or until you pass the collecting SOL for your state and you inform them it is past SOL.

The collecting SOL time limits depends on your state.

Since you did not mention what state you are in and there are no references to your state in your past Q&A's, the first poster has posted misinformation by claiming the collecting SOL is 7 years, unless she somehow knows which state you are in and confirmed the time limit before she claimed it is 7 years.

Answer 2

They can try as long as the statute of limitations will let them <7 years. Just don't do anything until the credit bureau provides proof debt. I wouldn't buy their 'proof' either.

Write the credit bureau and ask for a 'debt validation' in your letter...let THEM provide the proof.