Will I get a notice?

[jcstarkey8826]

If I have any other debt that Im not aware of, are they required to notify me before reporting to my credit. I think I have everything cleared up, but I just paid a gym membership from years ago that wasnt on my credit, but I forgot I even owed them money. Luckily I remembered this and paid, but if there is anything else Ive forgotten about can it just show up, or will i be given a chance to pay it first?

[pizzadude]

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@jcstarkey8826 wrote:

If I have any other debt that Im not aware of, are they required to notify me before reporting to my credit. I think I have everything cleared up, but I just paid a gym membership from years ago that wasnt on my credit, but I forgot I even owed them money. Luckily I remembered this and paid, but if there is anything else Ive forgotten about can it just show up, or will i be given a chance to pay it first?

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CAs aren't required to notify you before they report on your CRs ~ but they are supposed to notify you in writing after the fact.

[MarcinXP]

It's a toss up. CAs are required to send you a dunning notice within 5 days after contacting you. In most cases they wait to post things on your credit until after the 30 day dispute window on the dunning notice if they have not heard from you...sometimes though CAs will put something on your credit without notifying you or sending a dunning notice...JDBs are the worst.

[RobertEG]

As was stated, they do not have to give any prior notice before reporting to a CRA, but they must provide dunning notice within 5 days after any "initial communication with the consumer."  Reporting to a CRA has been interpreted as being an act of communication that triggers the dunning notice requirement.

Nothing prohibits them from reporting to a CRA after sending dunning notice unless and until they receive a timely DV..    If they have not reported to a CRA, send a DV immediately if you wish to invoke a cease collection bar, thus prohibiting their reporting until they provide the requested verification.

Whether they will comply with the dunning notice requiements of FDCPA 809(a) is up to them, but failure to comply is a bear for the consumer to deal with.

While a violation of the FDCPA, the FTC does not take actions on individual consumer complaints.  They will send a letter of inquiry, but wont initiate legal action on your part.  You can write to non-enforcement parties, such as a BBB, who will also write letters of inquiry on your behalf, but they have no legal enforcement authority.

Ultimately, you would most likely have to file your own legal action for any such violation.

[jcstarkey8826]

Ok, just hoping to not be surprised by anything for the next 6 months or so. I forgot all about the gym membership from years ago and had a hard time tracking it down as it wasnt being reported to the CRAs.

Crossing my fingers, but Im pretty sure I dont have anything else out there. I hope haha