Collection Question

Discussion in 'Credit Talk' started by mike101, Jan 17, 2002.

  1. mike101

    mike101 Well-Known Member

    I seem to recall reading somewhere that after speaking to you on the phone a collection agency was required to follow-up/confirm by mail within 5 days. Is this true?
     
  2. LKH

    LKH Well-Known Member

    If their initial contact to you is by phone, they must follow it by mail within 5 days.
     
  3. mike101

    mike101 Well-Known Member

    and if they don't? Is this a violation?
     
  4. mike101

    mike101 Well-Known Member

    Lizardking

    Thanks. I believe that George Carlin originally said this. not sure though. I like the one you have, is it an original Lizardking quote?

    You wouldn't happen to know the particular, section, paragraph, etc for the above would you? Please don't go to any trouble checking I'll find it sooner or later. Dealing with a new ca regarding a charged off credit card account and want to watch them closely.
     
  5. LKH

    LKH Well-Known Member

    § 809. Validation of debts [15 USC 1692g]

    (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.

    (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.
     
  6. LKH

    LKH Well-Known Member

    No problem. Anytime I can help.
     
  7. mike101

    mike101 Well-Known Member

    Thanks Lizardking LKH
     

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