Petitioner states that he/she did not receive the required notice under the Fair Debt Collection Act. Petitioner also requests that all foreclosure actions cease until the proper notice is provided stating his/her rights.
Montana Letter to Foreclosure Attorney - Fair Debt Collection - Failure to Provide Notice
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How to fill out Letter To Foreclosure Attorney - Fair Debt Collection - Failure To Provide Notice?
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Section 809(a) provides, in pertinent part, that a debt collector must, within the first five days after the initial communication with the debtor, provide a written notice containing specific information including the amount of the debt, the debtor's right to dispute the validity of the debt in writing within 30 days, ...
If you've already paid the debt If you're sure that you're talking with a legitimate debt collector, you can send copies of documents that prove you made the payments, including cancelled checks or credit card statements. You may also include copies of any correspondence about settling the debt.
What Happens Now? If a debt collector can't verify your debt, then they must stop contacting you about it. And they have to let credit bureaus know so they can remove the debt from your credit report.
A debt validation letter is a letter that debt collectors must provide that includes information about the size of your debt, when to pay it, and how to dispute it. A debt collection letter essentially proves you owe the debt collector money.
If the collection agency failed to validate the debt, it is not allowed to continue collecting the debt. It can't sue you or list the debt on your credit report. Why request validation, even if you're ready to pay and you know it's your debt? Simple.
If the collector or debt buyer can't prove it owns the debt, you might have a defense to a collection lawsuit. It's common for people to receive collection letters or be served with a lawsuit by a creditor or collector they've never heard of.
Debt collectors are legally obligated to send you a debt validation letter. If you don't receive a debt validation letter, or it lacks detail, you can make a debt verification request. You can file a complaint with the Consumer Federal Protection Bureau or the Federal Trade Commission.
Collect any documentation or evidence that supports your claim. This can include bank statements, payment records, contracts, or any other relevant documents that prove you are not responsible for the debt. Make sure to keep copies of all communication with the debt collector as well.
