Virgin Islands Notice of Violation of Fair Debt Act - Creditor Misrepresented Himself
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How to fill out Notice Of Violation Of Fair Debt Act - Creditor Misrepresented Himself?
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FAQ
If a debt collector fails to verify the debt but continues to go after you for payment, you have the right to sue that debt collector in federal or state court. You might be able to get $1,000 per lawsuit, plus actual damages, attorneys' fees, and court costs.
If the debtor still refuses to pay the unsecured debt, the creditor can file a lawsuit against the debtor. Once a court grants judgment in favor of the creditor, it can usually take money from the debtor's bank account or garnish the debtor's wages.
Unless your state law provides otherwise, the FDCPA only requires debt collectors, not original creditors, to verify debts in certain circumstances. This requirement includes law firms that are routinely engaged in collecting debts.
Debt collectors are legally required to send one within five days of first contact. You have within 30 days from receiving a debt validation letter to send a debt verification letter. Here's the important part: You have just 30 days to respond to a debt validation letter with your debt verification letter.
Once you dispute the debt, the debt collector can't call or contact you to collect the debt or the disputed part until the debt collector has provided verification of the debt in writing to you. Your dispute should be made in writing to ensure that the debt collector has to send you verification of the debt.
Creditors do not have to respond to every debt verification letter sent to them. Under the FDCPA, if a collector contacts you about a debt, you have 30 days to request validation. If you send a verification request within that time, the creditor is legally obligated to respond to you.
If a debt collector fails to validate the debt in question and continues trying to collect, you have a right under the FDCPA to countersue for up to $1,000 for each violation, plus attorney fees and court costs, as mentioned previously.
At a minimum, proper debt validation should include an account balance along with an explanation of how the amount was derived. But most debt collectors respond with an account statement from the original creditor as debt validation and that's generally considered sufficient.
If a debt collector violates the FDCPA, you may sue that collector in state or federal court. You can even sue in small claims court. You must do this within one year from the date on which the violation occurred.
