Another check of your email inbox reveals a startling message. A debt collection agency states that it has tried to reach you several times to discuss the balance on a delinquent credit card account. You are puzzled by the email for two reasons. How did the company find your email address, and do you really owe money on an outstanding credit card account that you thought you took care of years ago?
The first question is easy to answer because you provided the original creditor with the email address for communication purposes. As far as the alleged debt goes, a federal consumer protection law can help you answer the question whether you are responsible for the alleged debt.
In response to pressure applied by consumers, the United States Congress passed the landmark Fair Debt Collection Practices Act (FDCPA). According to the FDCPA, a debt collection agency must send you a debt validation letter that confirms the legitimacy of an alleged debt. The federal consumer protection law also prohibits third party debt collectors from calling consumers between the hours of 9 pm and 8 am, as well as impersonating the IRS or a law enforcement agency.
Information You Should See in a Debt Validation Letter
The FDCPA clearly spells out what a bill collector must include in a debt validation letter. You should see the total amount owed on the debt in question, which should match the total amount owed listed on the last monthly statement sent by the original creditor.
The debt validation letter should also include the contact information for the original creditor. According to the FDCPA, a debt collection agency is required to send a debt validation letter within five days after first making contact with you.
You have 30 days after receiving a debt validation letter to request additional information concerning the alleged debt. A copy of the last billing statement sent by the original creditor gives you an idea whether the third party debt collector has added charges to the debt in question. You also want to verify the late fees and interest charges tacked on by a bill collector are warranted.
Making a Debt Collection Agency Pay for Violating the FDCPA
A debt validation letter is not an optional component of the FDCPA; it is a mandatory part of the debt collection process. You can file a claim against a third party debt collector that does not comply with the debt validation provision of the FDCPA.
The FDCPA gives you the right to file a claim seeking monetary damages. You can seek just compensation for any physical distress symptoms triggered by the unethical practices implemented by a debt collection agency. Physical duress symptoms can include high blood pressure and/or enduring frequent migraine headaches.
Speak with an FDCPA Lawyer
By working with an FDCPA attorney, you level the legal playing field with a bill collector such as Capio Partners., LLC. Your FDCPA lawyer will conduct a thorough review of your case to determine whether there is enough evidence to file a claim seeking actual damages.
The judge presiding over the lawsuit will want to review medical documentation, as well as listen to the expert testimony provided by licensed healthcare professionals.
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*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Capio Partners, LLC, or any other third-party collection agency, you may not be entitled to compensation.