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Just wanted to make this a different post for everybody's convinience.
I am trying to understand what can really be demanded in a DV. The DV letters floating around on this board and the web seem to be pretty exhaustive but it is my understanding that the CA only needs to provide the following;
1) Name and address of OC
2) Amount fo Debt
3) CA information and some other important statements regarding debt collection practices.
However, some research on the web has yeilded the following info.
The CA would also, as per FDCPA para 809, have to provide the following as a legally satisfactory reply to a DV if asked fo;
1) Payment history from the OC (not generated printouts from CA)
2) Original signed contract (electronic or paper) between OC and Debtor
3) License to collect in the suitable State.
It would really help if somebody could clarify the above information. Thanks.
nothingman02 wrote:However, some research on the web has yeilded the following info.
The CA would also, as per FDCPA para 809, have to provide the following as a legally satisfactory reply to a DV if asked fo;
1) Payment history from the OC (not generated printouts from CA)
2) Original signed contract (electronic or paper) between OC and Debtor
3) License to collect in the suitable State.
It would really help if somebody could clarify the above information. Thanks.
You are correct on the first set of three: OC name and contact info, balance owed, a copy of judgment if sued, and other legal verbage mentioning that we have 30 days to dispute the validity of the debt and so on and so forth.
However, the FDCPA does not require the CA to provide anything from the above. You can google "FDCPA" and actually see the full document (FTC link) and nowhere in it does it require a CA to provide a payment history or org. contract. And #3 has nothing to do with federal law. Licensing is mandated by state law and you'd never see that requirement in a federal statute.
Now some states can require more specific information. I know that Mass. requires a detailed accounting (for Mass residents only) if you request it . States vary on licensing. And so forth. Check with your state's statutes to see if more info is required.
nothingman02 wrote:However, some research on the web has yeilded the following info.
The CA would also, as per FDCPA para 809, have to provide the following as a legally satisfactory reply to a DV if asked fo;
1) Payment history from the OC (not generated printouts from CA)
2) Original signed contract (electronic or paper) between OC and Debtor
3) License to collect in the suitable State.
It would really help if somebody could clarify the above information. Thanks.
You are correct on the first set of three: OC name and contact info, balance owed, a copy of judgment if sued, and other legal verbage mentioning that we have 30 days to dispute the validity of the debt and so on and so forth.
However, the FDCPA does not require the CA to provide anything from the above. You can google "FDCPA" and actually see the full document (FTC link) and nowhere in it does it require a CA to provide a payment history or org. contract. And #3 has nothing to do with federal law. Licensing is mandated by state law and you'd never see that requirement in a federal statute.
Now some states can require more specific information. I know that Mass. requires a detailed accounting (for Mass residents only) if you request it . States vary on licensing. And so forth. Check with your state's statutes to see if more info is required.
Got two birds,one stone on this one IIecs. I was looking for a shorter but as powerful version of a DV letter
myself. Thank You!