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FDCPA section 809 questions..

Date: Sun, 12/07/2008 - 00:08

Submitted by anonymous
on Sun, 12/07/2008 - 00:08

Posts: 202330 Credits: [Donate]

Total Replies: 4


I have read section 809 of the fdcpa and would like others interpretation of these sections:



Where did you see all that? I couldn't find it anywhere.

This part "If the consumer disputes the debt, the attorney may still take legal action but must cease collection efforts until verification is obtained and mailed to the consumer."

This is wrong, collection efforts would be counted as legal action. If they cannot validate the debt for you then how are they going to prove their claim in court?


lrhall41

Submitted by on Sun, 12/07/2008 - 06:23

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the part about disputing debt is confusing,but once you put it into motion it is simple.the attorney doing collections can still collect within the 30 day period unless the debt is disputed.if the debt is disputed all collection activity must cease.in short.they still can attempt to collect in the 30 days,but if they file a suit you can ask for validation during discovery phase of the suit.either way there is no wiggle room for collectors.whether they are attorney's or regular collectors.


lrhall41

Submitted by paulmergel on Sun, 12/07/2008 - 16:06

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that is why you should dispute any collection letter.as soon as you get it.in this day and age you never know.


lrhall41

Submitted by paulmergel on Sun, 12/07/2008 - 16:10

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