Under the Fair Debt Collection Practices Act, a federal law regulating debt collectors, you can request the debt collector to send proof of the debt.
How it Should Happen
1] Within five days of its first communication to you, the debt collector is responsible for sending you a debt validation notice. This notice should be in writing letter letting you know you have the right to dispute the validity of the debt within 30 days.
- I did not have an initial communication from this company just received the mailing
3] Submit a Validation Request--your request for debt validation must be submitted in writing and should be sent certified mail return receipt requested. You can dispute: entire debt, part of the debt, or request the name of the original creditor. After receiving your dispute, the debt collector cannot contact you until it has provided you with the requested information.
Sent my validation request on 3/4/09...received by CMS on 3/6/09...on 3/11/09 I received a letter from CMS stating the following:
...Our office has requested this information from our client Resurgent Capital Service.Once we have received the information from Resurgent Capital Services, it will be forwarded to you...By sending certified RRR you have proof of the letter’s mailing and receipt by the debt collector. If you do file a lawsuit against the debt collector, the certified RRR will help your case.
4] The collection agency must send you proof that it owns or has been assigned the debt by the original creditor. Verification that you owe the debt and the amount of the debt needs to include documentation from the original creditor (however, it is the debt collector who sends it to you). It is not enough for the collection agency to simply send you a printout of the amount owed.
- As of today 4/6/09 I have received nothing
- The 30 days are up, so far nothing listed on my Experian report. I need to see if I should write a follow letter to CMS.