Section 807 of the Fair Debt Collection Practices Act (15 USC 1692e) provides, in part, as follows:
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
"(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney."
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Receiving a collection letter can be considered the first step in the collection process that could lead to a lawsuit being filed against you to collect the debt. A collection agency from whom you have received a letter will typically turn the file over to an attorney if they are unable to acquire a payment.
Debt collectors are legally required to send you a debt validation letter, which outlines what the debt is, how much you owe and to who, as well as when you need to pay the debt. If you're still uncertain about the debt you're being asked to pay, you can request a debt verification letter to get more information.
Send the agency a letter by mail asking them to confirm their debt in writing. Search for the company name on the internet, review their website, call their number, etc. Do your homework. If they refuse to answer all of your questions, there's a good chance you're in the middle of a scam.
A legitimate debt collector should be able to tell you their company name and mailing address, as well as information about the debt they say you owe. The debt collector should provide information about themselves and their collection agency.
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.
A debt validation letter should include the name of your creditor and how much you owe, The letter will include information about when you need to pay the debt and how to dispute it.
A debt validation letter should include the name of your creditor and how much you owe, The letter will include information about when you need to pay the debt and how to dispute it.
Debt collectors cannot make false or misleading statements. For example, they cannot lie about the debt they are collecting or the fact that they are trying to collect debt, and they cannot use words or symbols that falsely make their letters to you seem like they're from an attorney, court, or government agency.
