Debt collection notices and debt verification
must follow the rules outlined in the Fair Debt Collection Practices Act
(FDCPA).
Section 809 of the FDCPA covers
notifications and validation of
debt and requires that debt collectors obtain verification of the debt and
mail it to you when you dispute a debt. The principal purpose of this Section
is to help consumers who have been mis-identified by the debt collector or who
dispute the amount of the debt, it is important that the verification of the
identity of the consumer and the amount of the debt be obtained directly from
the creditor. Mere itemization of what the debt collector already has does not
accomplish this purpose.
This section requires a collector, within 5 days of the first
communication, to provide you a written notice containing: (if not provided in
the first communication)
the amount of the debt; and
the name of the creditor, along with a statement that he will:
assume the debt's validity unless you (the consumer) disputes
it within 30 days,
send a verification or copy of the judgment if the consumer
timely disputes the debt, and
identify the original creditor upon written request.
WARNING! If a debt collector's first communication with
the consumer is oral, he may make the above disclosures orally during this
initial conversation and therefore avoid the requirement to send a written
notice. However, if you beleive the debt to be invalid, orally dispute it and
demand the collector send the proper debt notification required by the FDCPA.
Section 805 covers communication rules and outlines
who can be called, how often and when debt collectors must stop calling you.
Rich's Enterprises, L.L.C. ,
Prattville Alabama Legal Disclaimer
Fair Debt
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