Alameda California Acceptance of Claim by Collection Agency and Report of Experience with Debtor

State:
Multi-State
County:
Alameda
Control #:
US-02702BG
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Word; 
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Description

The Fair Debt Collection Practices Act (FDCPA) broadly defines a debt collector as "any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.
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FAQ

Like the credit bureaus, the collection agency has 30 days to investigate and respond to your dispute. Most disputes dealing with removing inaccurate information get resolved smoothly. Make sure you follow the steps and provide all the necessary documentation to back your claim.

Ask CFPB Who you're talking to (get the person's name) The name of the debt collection company they work for. The company's address and phone number. The name of the original creditor. The amount owed. How you can dispute the debt or ensure that the debt is yours.

You should not ignore a debt collection letter as not responding to them in time (or at all) can lead to the collection agency filing a lawsuit against you. Not only will this result in you being responsible for additional fees, but it can allow them to take legal action to get the funds from you in other ways.

Ask CFPB Who you're talking to (get the person's name) The name of the debt collection company they work for. The company's address and phone number. The name of the original creditor. The amount owed. How you can dispute the debt or ensure that the debt is yours.

Within 30 days of receiving the written notice of debt, send a written dispute to the debt collection agency. You can use this sample dispute letter (PDF) as a model. Once you dispute the debt, the debt collector must stop all debt collection activities until it sends you verification of the debt.

Once you dispute the debt, the debt collector can't call or contact you to collect the debt or the disputed part of the debt until the debt collector has provided verification of the debt in writing to you.

According to federal credit law spelled out in the Fair Credit Reporting Act (FCRA), a credit bureau is required to respond to you and complete their investigation within 30 days. If they do not respond within this time frame, they must remove the negative listing disputed.

Failing to respond to a Debt Validation Letter while continuing to collect on the debt is a direct violation of the FDCPA. You can report a debt collector's failure to respond to your state's attorney general, the Consumer Financial Protection Bureau (CFPB), or the FTC.

Federal law says that after receiving written notice of a debt, consumers have a 30-day window to respond with a debt dispute letter.

Collection accounts remain on your credit report for seven years. If a debt collector can get a 10-year-old debt back on your credit report, they know this may prompt you to pay or settle to have it removed. However, they cannot, by law, provide misleading information to a credit bureau.

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Alameda California Acceptance of Claim by Collection Agency and Report of Experience with Debtor