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How to Request Debt Verification. To request verification, send a letter to the collection agency stating that you dispute the validity of the debt and that you want documentation verifying the debt. Also, request the name and address of the original creditor.
Harassment of the debtor by the creditor ? More than 40 percent of all reported FDCPA violations involved incessant phone calls in an attempt to harass the debtor.
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts from you, including: Misrepresenting the nature of the debt, including the amount owed. Falsely claiming that the person contacting you is an attorney.
Summary: The Fair Debt Buying Practices Act would establish clear procedures, minimum documentation requirements, and affirmative obligations before a debt buyer can contact a debtor, initiate a lawsuit, or obtain and collect on a judgment.
A debt collector may not communicate with a consumer at any unusual time (generally before a.m. or after p.m. in the consumer's time zone) or at any place that is inconvenient to the consumer, unless the consumer or a court of competent jurisdiction has given permission for such contacts.
Don't provide personal or sensitive financial information Never give out or confirm personal or sensitive financial information ? such as your bank account, credit card, or full Social Security number ? unless you know the company or person you are talking with is a real debt collector.
For example, the law prohibits collection agencies from using harassment, misleading, and unfair practices. The law prohibits unnecessary disclosure of the debt to parties not obligated to pay the debt. The law does not apply to creditors collecting their own debts.
To take legal action to collect a debt, the creditor (the person or company owed money) files a lawsuit against the debtor (the person who owes the money). Once a debt collection lawsuit is filed with the court, the creditor must give the debtor notice of the lawsuit (service).