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  1. #1
    Join Date
    Nov 2009
    Posts
    1

    Default Validation of a Debt from Collection Agency

    My question involves collection proceedings in the State of: PA, but the collection agency is in Colorado.
    I did send the Verification of a Debt letter to the collection agency, BUT - they claim they have already sent it to me. All i got from them was one piece of paper stating that they are collecting the debt, the amount of it, and a mini-miranda section at the end of the etter, that they will persue further with this and that. Nobody seems to know how the true Validation of a Debt letter from the collection agency OR the original creditor must look!
    HELP!
    Thank you all!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Validation of a Debt from Collection Agency

    § 809. Validation of debts
    (a) 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.
    that is the law that requires validation. Have you disputed any portion of the debt?

    Without any dispute, it appears they have fulfilled the requirements of the law unless you fulfilled this section:

    (b) 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.
    So, what was in your written letter to the CA? What exactly did you ask for?

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