Collection notices by phone, mail or 3rd party can be
unsettling and cause some people to panic because they do not know their fair
debt collection rights. How debt collectors notify you of delinquent debts and
what types of notifications are legal and illegal is spelled out in the FDCPA
under section 809.
In a nutshell, section 809(a) requires collectors, unless
provided in the initial communication, to provide a written notice within 5
days of the first communication with you containing:
- the amount of the debt;
- the name of the creditor;
- a statement that he will assume the debt's validity unless
you dispute the debt within 30 days;
- send a verification or copy of the judgment if you dispute
the debt within the 30 days;
- identify the original creditor upon written request.
NOTE: If the collector provides the above
information in the first communication (dunning letter or phone call), then
verification is considered complete and written follow-up is NOT required
unless you dispute the debt.
Here is a quick outline of what is covered in Section 809:
- Who must provide validation notices
- Number of notices
- Legal notifications (letters and forms)
- Alternate debt terminology
- Oral notices vs. written notices
- Legal action notice vs. validation notices
- When attorneys must provide validation notices
- Validation / Proof required when debt is disputed
- Cease of collection while debt is disputed