requested debt validation
Date: Sun, 01/11/2009 - 00:05
The fdcpa is very weak when it comes to the requirements of vali
The fdcpa is very weak when it comes to the requirements of validation. All they are required to provide is the amount of debt and the name of the original creditor but they also have to add a statement about disputing the validity of the debt or any portion of the debt which leaves them open to be disputed over and over again. Basically you can dispute anything and everything they sent you if you want depending on what you know about the debt. The catch is if you ever went to court then a few copies of some old credit card statements would not prove the debt is yours. If the debt is old then I would make them send me a copy of the signed contract showing you had a business relationship with the OC and then I would make them prove they own the debt and have rights to settle said debt. If it is a new debt then they can probably get that easily but it is difficult for them to get when the debt is old and has been sold a number of times. If they ever sued you then they would have to provide this information as long as you requested it so essentially you are making them do the ground work as if they intended on suing you. It will protect you from the case of you settling with one company and then all the sudden another company pops up and begins collecting on the same debt which happens all to often.
Here is the portion of the FDCPA that covers your question:
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.
(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.
(c) 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) 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) 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.