Your Validation Of Debt Plan: Collection Agency
VOD Here is your strategy laid out
step by step on what to do if you receive a collection notice
You receive a collection notice from a collection
agency saying you have a debt due. You're not sure it's yours or
that the amount due is correct.
As soon as you receive it, send a VOD
request to the collection agency, certified mail (keep your
receipt) asking them to send proof to you of the debt. If their
address is on the letter you may use that address or search for
the Registered Agent of the collection agency and send your certified
VOD to that address. To find the Registered Agent of the Collection
agency go to http://www.residentagentinfo.com/
Be sure their letter also contains the Mini_Miranda
warning. All collection letters must contain this notice and if
it doesn't you can cite that in your complaint letter too. The Mini_Miranda
is that little tag line that says "this is an attempt to collect
a debt, etc." At the same time dispute the collection account
with the credit bureaus (only the credit bureau that is currently
reporting it!) otherwise you risk inserting it.
Wait for the collection agency to respond, about
30 days or so. Normally you will receive nothing more than a printout
from the collection agency which is not adequate proof. Some will
argue that the FDCPA is not specific in what is considered adequate
proof and believe me, collection agencies fully believe this. I
say, no! The FDCPA is specific in that, if the debtor requests a
VOD from a collection agency, they must obtain verification from
the original creditor. Period!
What section of the FDCPA covers this?
The remainder of this article plus
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Do you need to settle your debts? Consider debt negotiations
either by a pro or DIY.
Too much monthly debt?Credit
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you one affordable monthly payment through counseling or consolidation.
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