Бесплатная консультация юриста по телефону. Информационно-правовой портал ЛегалПортал.Ру
ДТП ОСАГО алименты алименты на ребенка амнистия 2012 бесплатная консультация юриста бесплатная консультация юриста онлайн бесплатная юридическая консультация бесплатная юридическая консультация онлайн бесплатная юридическая консультация по телефону взыскание алиментов возврат товара возмещение ущерба гражданство РФ доверенность договор завещание задать вопрос юристу защита прав потребителей кадастровый паспорт консультация юриста консультация юриста бесплатно консультация юриста бесплатно онлайн консультация юриста бесплатно по телефону кредит материнский капитал наследство онлайн консультация юриста получение жилья приватизация приватизация земли приказ размер алиментов регистрация ООО трудовой договор ходатайство юридическая консультация юридическая помощь юридические услуги юрист онлайн
Requiring Validation of the Debt - Secret Weapon against Debt Collectors
Author: Yourlegallegup

The Fair Debt Collection Practices Act (FDCPA) gives someone being harassed by debt collectors several useful tools. One of the best of these tools is requiring verification. A "Secret"(?) Weapon There's nothing secret about requiring verification, but in my opinion consumers don't use this one often enough. It costs nothing to use, takes very little time, and often, all by itself, is enough to convince them to leave you alone and look somewhere else for their victims. The Right to Verification Under the FDCPA, the first written communication from a debt collector must inform the consumer of his right to require verification of the debt (if the request is made within 30 days). Verification, or validation requires the collection company to go back to its source, the original creditor, and make sure that the consumer being contacted is the correct person and the debt is valid. Until the debt is validated, the collector may not take any further action on collecting the debt, and at least all the cases I've seen have included within that restriction any reporting of the debt to the credit reporting agencies. If the debt collector proceeds without verifying the debt first, you have a right to sue it. The Requirement Is Absurdly Easy to Fulfill The obligation is not very significant-a phone call will do, perhaps even as little as a checking of the computer tape or digital record. And yet even this minor obstacle will make the collection company go away surprisingly often. Perhaps the debt collectors view the early assertion of consumer rights as a warning of trouble to come. Forming Good Habits Early On And for the consumer, forming the habit of asserting legal rights seems to be an important step in bringing the whole debt situation under control. Out of this small acorn can grow a strong tree of financial security. How to Do It The way to require verification is very simple. When you receive a debt collection letter you simply write back to the debt collector and tell it you dispute the debt and request immediate verification. No special wording is required--nor is any special delivery (like registered mail), but I always suggest that you in fact send the request by registered mail, return receipt requested, so you will be able to prove that you wrote the letter, sent it, and that it was received by the debt collector. It is also a good idea to keep a copy of the actual letter that you send, too. What If They're Just Calling You? But what happens if you're just being telephoned by the debt collector? Under the FDCPA, a phone collector is required, within five days of the first contact, to send you, in writing, a notice of your right to dispute the debt and request verification. Failure to do so is a violation of the FDCPA that gives you the right to sue the company. And note that every communication from the debt collector should also have what we call the "mini-Miranda" disclosure, that "this communication is from a debt collector and any information you give may be used to collect a debt." Require Verification from EVERY Debt Collector Every debt collector is different, and each one is required by law to provide you the right to dispute the debt and require verification. But by "debt collector" I mean the company that is harassing you, not the individual who happens to be calling you for that company. Get in the habit of standing up for your rights, starting with the right to seek verification.

Article Source
Возможно, Вам будет интересно:

How to Use Small Claims Court!
I am going to try to give you some basic information on how to use "The People's Court" also known as "Small Claims Court". The reason it is called...

Statement of Claim: What Is It and How Do I Use One?
A statement of claim is the final step to officially commence proceedings against someone who owes you money. This is notifying the court that you...

Defending Yourself Pro Se from Debt Collectors
What Is Pro Se Representation? Pro se legal representation means representing yourself rather than hiring a lawyer to do it for you. You have the...

Local Council Statutory Notice Concerns
Many people in Edinburgh will have been following the recent news stories about possible corruption in the City Council's building works department...

Cussing Out Collectors -or- Silence Is Golden
Standing Your Ground Sometimes clients used to come to me and tell me they had cussed out or “really yelled” at a debt collector. They were proud at...