Thursday, January 22, 2009

If you have been contacted by a debt collector or bill collector, you have the right to validate the debt. Send the debt collector or bill collector a certified letter with a return receipt requested, asking for the name and address of the original creditor, the total amount owed (original amount owed and any interest or penalties listed separately), and any payments made on the account. You may want to request the original signed document. If the debt collector or bill collector is not the original creditor, then ask for proof that the original creditor has sold its debt to the collection agency.

Section 809 (U.S.C. Section 1692g) of the FDCPA states that

(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 a 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.

Keep a record of any contact you have with the debt collector. Here is a form for you to use. Contact form

After 30 days, if they have not sent you satisfactory proof, send a copy of your receipt for your registered mail, a copy of the first letter that you sent and a letter stating that they need to remove the collection listing from your credit report because they are now in violation of the FDCPA, section 809(b). Again, send this via certified mail, return receipt requested and keep a copy of the letter.

If they do not agree to remove the listing, then contact us.