Important CA Question!!!

[johnsj21]

Is a CA required to notify you about a debt via USPS before they can put it on your credit at a collection?  I figure because the debtor has 30 days to dispute the debt, correct??

[cadavis0609]

Yes, but if you've moved, they generally claim that they sent it to the old address and it was the only one they had. You can still send a DV letter though, they don't send their notices CMRRR so they have no way of proving that it was sent months ago.

[llecs]

Within 5 days of the initial communication, a CA must send you written notice. So, They can technically start collection before they send you notice.

[Anonymous]

You can use this at your advantage - if they didn't contact you, you can claim a 5 dd notice FDCPA violation - if you find a new collection of your credit report, or even an inquiry, and you don't receive a notice within 5 days it is technically a violation.

[RobertEG]

The requirement of the FDCPA is that they must send you a formal collection notice within 5 days of first contact with you about their collection activity.  They can sit on it forever, if they choose, as long as they dont contact you.  But posting it in your CR is contructiive notice to you of the CA, and thus they then have only five days from the date of CR posting to send you the formal collection notice under the FDCPA.

When did you get a formal colllection notice from the CA, advising you or your right to DV them within 30 days?  Might be a FDCPA violation....

[johnsj21]

Earlier this year I sold my soul to the payday loan devils when DH got laid off from his job. (I've since learned my lesson!!!!) To make a long story short I attempted to reach on of them to find out my balance so I could PIF but they stated they sold my account to a 3rd party. 

I just don't want something popping up on my CR without ever being notified seeing as NOBODY has tried to contact me via phone or mail.  I haven't moved or changed my phone #.

One more thing...when you say initial contact...does that mean they have to actually speak to you on the phone or just leave you a voicemail?

Message Edited by johnsj21 on 10-10-2008 07:02 AM

Message Edited by johnsj21 on 10-10-2008 07:03 AM