Per my previous post about a collection that I have no clue about where it came from, I am seriously considering filing in Small Claims Court against the person/company that sent me the collection notice (do a search on my name to read the exact text of it). I need to know if any of you feel these alleged violations are indeed legit and good enough to take to SCC. Under the Fair Debt Collection Practices Act, 15 USC 1692g: ----- § 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. ----- The company that sent me the letter did fulfill §809(a)(1) and (2) as far as I can tell. I feel they did NOT fulfill §809(a)(3) (4) or (5): §809(a)(3): No statement was made at all mentioning disputing the validity of the debt within 30 days. §809(a)(4): Again as above, no such statement was made at all about disputing the debt in any manner. §809(a)(5): Ditto, same reason as above. This sounds like THREE alleged violations of the FDCA, or is it only ONE alleged violation as it was all listed under the same §809(a) section? If they don't resolve my validation request properly and on time, I might take these alleged violations further. Again, TIA! You people are all the best!
Thanks! I'll keep these alleged violations "in my pocket." If the firm/company starts playing hardball with me on my validation request, I'll whip that card out and play my hand. I've never been one to normally go "all the way" legally, but this is stuff that messes with my life and I won't take it.
