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    Default Collection Agency May Have Made Up Validation Documents

    My question involves collection proceedings in the State of: Texas

    Greetings!

    I recently viewed all 3 credit reports and noticed a couple collections on them that I have never heard about before. I sent the collection agencies a validation letter and their return looks like they made it on microsoft word. One of them is apparently from a medical bill for my 5 year old son with his name on it and not mine, as well as, the "service date" says 00/00.

    All dates on the return letter have 00/00 and all charges / amounts show 0.00 except for the last line that says "Total $540"... Also, I just moved into the house I am at now (where I sent the Validation Letter) and they put this address on the top trying to make it look like they got it from the original creditor. I have never used anyone like this since I moved here.

    The company wrote a letter to me saying "Enclosed it the documentation you requested regarding your past due account. We ask that you review this matter and remit balance due in order to clear your account."

    I am not going to send money to any collection agency that typed something up at their office and say this validates a debt...

    Does anyone have any suggestions on what I should do to say that this is not enough info and they did not validate for what I asked for?

    thanks in advanced

  2. #2
    Join Date
    Mar 2013
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    Default Re: Collection Agency May Have Made Up Validation Documents

    Quote Quoting daveofgv
    View Post

    Does anyone have any suggestions on what I should do to say that this is not enough info and they did not validate for what I asked for?
    Here's the FDCPA Validation requirements:

    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) 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 any 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 title 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).
    (e) Notice provisions
    The sending or delivery of any form or notice which
    does not relate to the collection of a debt and is expressly
    required by the Internal Revenue Code of 1986, title V
    of Gramm-Leach-Bliley Act, or any provision of Federal
    or State law relating to notice of data security breach or
    privacy, or any regulation prescribed under any such provision
    of law, shall not be treated as an initial communication
    in connection with debt collection for purposes of this
    section.

    http://business.ftc.gov/documents/fa...-practices-act

    If you feel that the collection agency has not provided you with sufficient information to comply with the statute, then you have the option of writing back with a quote of the statute and ask for any additional information that complies with the statutory requirements.

    Make sure you follow the statutory procedures to the letter.

    Keep in mind that you might actually be the responsible party for your son's medical bills. If you are divorced, neither the providers nor the collection agency will care what your divorce decree says.

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