think I may be on to something..

Discussion in 'Credit Talk' started by MakeItSo34, Sep 12, 2002.

  1. MakeItSo34

    MakeItSo34 Well-Known Member

    I was researching debt collection rules for the state of arizona..this is what I have found with researching (administrative codes)


    1>R20-4-1521. Duty of Investigation
    A collection agency shall, prior to continuing its collection efforts against the debtor, investigate any claim made by the debtor or his attorney that he is the wrong party, that the debt has been paid, that the debt has been discharged in bankruptcy, or any other reasonable claim that the debt is not owing. A collection agency shall furnish evidence of the debt to the debtor or his attorney if and when so requested.

    SOUNDS LIKE IN AZ, A collection agency MUST provide validation?

    2>R20-4-1514. Disclosure of Information to Debtor
    A collection agency must disclose to the debtor from whom it is attempting to collect the debt the name of the creditor, the time and place of the creation of the debt, the merchandise, services or other things of value underlying the debt, and the date when the account was turned over to the collection agency by the creditor. A debtor shall have the right of access to a collection agency's books and records concerning the debtor or the debt. Upon request, the collection agency shall provide to the debtor without cost, copies of any document relevant to the debt or its collection.

    LOOK AT THE LAST TWO SENTENCES!!! Does that mean we can demand a copy of their books!!

    3>R20-4-1518. Agreements with Clients
    All accounts whereby one or more claims for a debt or debts are placed for collection with a collection agency by a client, shall be set forth in a written agreement between client and collection agency, or shall be set forth in the form of a written acknowledgment of every account assigned, whether there be one or more claims. The written agreement or written acknowledgment shall be specific, intelligible, and unambiguous and shall set forth in full the parties, terms, rates and/or conditions upon which the collection is undertaken. The terms of the written agreement or written acknowledgment shall not violate the laws governing the unauthorized practice of law.

    Could we possibly demand to see the written agreement between the collection agency and oc? looks like in AZ, there MUST be a written agreement.

    ANY THOUGHTS AND IDEAS ON HOW TO USE THESE FINDINGS WITH A COLLECTION AGENCY WOULD BE GREATLY APPRECIATED...
     
  2. jrjr35

    jrjr35 Well-Known Member

    I'm not sure, but, I think part of the validation process is the ca proving it has the right to collect the debt.
     
  3. mitchra

    mitchra Well-Known Member

    Only excerpts from their books involving your account.
     

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