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DEBTORS’ VERIFICATION RIGHTS

Under the Fair Debt Collection Practices Act (FDCPA), within 5 days after the initial communication with a consumer in connection with the collection of any debt, a debt collector must send the consumer a written notice with the following information:

  1. The amount of the debt;
  2. the name of the creditor to whom the debt is owed;
  3. a statement that unless the consumer within 30 days after receipt of the notice, disputes the validity if the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
  4. a statement that if the consumer notifies the debt collector in writing within the 30 day period that the debt, or any portion thereof, is disputed the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
  5. a statement that, upon the consumer’s written request within the 30 day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

15 USC Section 1692g(a).

Have you received a dunning letter from a collection agency?  Did the letter contain the above verification rights notice?  If not, you may be entitled to money damages from the collection agency.  Contact debtors’ rights attorney Micah Adkins for a free case evaluation.