When consumers are notified that they owe a debt, Section 809 of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692g, allows them to serve written notice disputing the debt to the party making contact. Further, consumers may request that the party making contact about the debt, validate the debt, or provide a copy of a judgment awarding damages within 30 days of receipt of the request. It is important to note that failure to dispute the debt during the thirty-day period is not a legal admission that the consumer owes the debt.
Consumers may ask the party contacting them to explain why the consumer owes the debt, how it calculated the alleged balance owed, and any documentation that indicates the consumer agreed to pay the alleged balance.
A request may be made by consumers that the creditor stop communicating or attempting to communicate with the consumer at the consumer’s residence or place of employment. A further request may be made that the debtor is notified of any specific remedies that the creditor intends to invoke, and the date that this action will occur.
A consumer may also ask that If the creditor fails to respond to the demand for validation within 30 days from the date of receipt, it must completely delete and remove all references to the consumer’s account from his or her credit file and a copy of the deletion request must be sent to the consumer immediately.
A creditor has no set deadline by which to provide a response to the validation request. However, a debt collector must cease all attempts to collect the debt until it has, in fact, adequately responded.
The Morrison Law Group strives to give clients a fresh start through bankruptcy. We assist clients through a pending bankruptcy case, but also assist them after they receive their discharge order, and their bankruptcy case officially closes. We will review credit reports and dispute any negative or inaccurate credit reporting.
Talk to the Morrison Law Group about how you may qualify for a Chapter 7 or Chapter 13 bankruptcy case. Call 801.456.9933 today to schedule a FREE consultation. We have locations in Ogden, Logan, Sandy, and St. George to serve the residents of the counties of Weber, Cache, Salt Lake, Utah, Morgan, Davis, Washington, and surrounding areas.