UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C.
20580
Division
of Credit Practices
Bureau of Consumer Protection
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June 13, 1995
F. Guthrie Castle, Jr., Esq.
301 Koger Center
6555 Quince Road
Memphis, TN 38119
Dear Mr. Castle:
This is in reply to your letter of March 17, 1995, concerning
proper verification of a debt under Section 809 of the Fair Debt
Collection Practices Act (FDCPA). I apologize for the delay.
In answer to question #1: Section 809 of the FDCPA does not prescribe
any effective date for a Section 809(b) verification. Therefore,
providing a verification which pre-dates the debtor's dispute
does not appear to be a violation of that Section.
In answer to question #2: in view of the recent Supreme Court
case, Heintz et al v. Jenkins, (No. 94-367; 1995 U.S.
Lexis 2840), decided April 18, 1995, which considered litigation
activity to recover a debt to be "collection activity"
covered by the FDCPA, it does not appear that a debt collector
may attempt to reduce a disputed claim to judgement without obtaining
the verification required by Section 809(b).
I hope this has been helpful.
Sincerely,
John F. LeFevre
Attorney
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