Re: Filing suit while debtor has requested validation

Posted by Why Chat (209.240.205.61) on March 07, 2004 at 22:56:06:

In Reply to: Filing suit while debtor has requested validation posted by hct on March 07, 2004 at 22:32:38:

If you had gone to my website and looked at the 1st Link (everything you want to know), you would have found the FTC commentaries on the FDCPA.Here is the part that you need:

809 -- VALIDATION OF DEBTS
Section 809(a) requires a collector, within 5 days of the first communication, to provide the consumer a written notice (if not provided in that communication) containing (1) the amount of the debt and (2) the name of the creditor, along with a statement that he will (3) assume the debt's validity unless the consumer disputes it within 30 days, (4) send a verification or copy of the judgment if the consumer timely disputes the debt, and (5) identify the original creditor upon written request.
1. Who must provide notice. If the employer debt collection agency gives the required notice, employee debt collectors need not also provide it. A debt collector's agent may give the notice, as long as it is clear that the information is being provided on behalf of the debt collector.
2. Single notice required. The debt collector is not required to provide more than one notice for each debt. A notice need not offer to identify the original creditor unless the name and address of the original creditor are different from the current creditor.
3. Form of notices. The FDCPA imposes no requirements as to the form, sequence, location, or typesize of the notice. However, an illegible notice does not comply with this provision.
4. Alternate terminology. A debt collector may condense and combine the required disclosures, as long as he provides all required information.
5. Oral notice. If a debt collector's first communication with the consumer is oral, he may make the disclosures orally at that time in which case he need not send a written notice.
6. Legal action. A debt collector's institution of formal legal action against a consumer (including the filing of a complaint or service of legal papers by an attorney in connection with a lawsuit to collect a debt) or transmission of a notice to a consumer that is required by law as a prerequisite to enforcing a contractual obligation is not a "communication in connection with collection of any debt," and thus does not confer section 809 notice-and-validation rights on the consumer.

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