Collector Issues

 

The Process

Validation of debts – Upon written correspondence in connection with the collection of any debt, the collector shall send the consumer written notice containing:

• The amount of the debt;
• The name of the creditor to whom the debt is owed
• A statement that unless the consumer, within 30 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;
• A statement that if the consumer notifies the debt collector in writing within the 30 day period that the debt or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of the judgment against the consumer and a copy of such verification or judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector.

 

If the consumer notifies the debt collector in writing within a 30 day period described above, that the debt or any portion of the debt, is disputed, or that the consumer request the name and the 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 any copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. 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.