Collection Companies’ Obligations

Within five days of first contacting you, a collection company must inform you of:

  • The amount of the debt you owe,
  • The name of the creditor to whom the debt is owed,
  • A statement to the effect that unless the debtor, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector,
  • A statement that if the debtor notifies the debt collector in writing within a thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will present verification of the debt to the debtor by the debt collector; and
  • A statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
  • If the debtor provides this statement, the debt collector shall cease collection of the debt until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

Collection companies try to avoid providing you the above information by verbally advising you in a telephone call of these rights. Often this information is not adequately communicated or is modified to suit the collection company’s needs.

Be sure to ask for all the above information, including the name of the individual caller, not a fictitious name, the name of the company, its address and a valid contact phone number for return calls. This information is important for your protection.

If a collection company is pursuing you with any of the above tactics, you may have a claim that includes a waiver of your debt, payment by the collection company of a statutory fine of $1,000, and payment of the attorneys’ fees and court costs. Please call me at (480) 580-5025 to discuss a claim against the collection companies. As a debtor’s attorney, I will provide services necessary to pursue a collection company just as vigorously as it pursued you.

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