The phone call from a debt collection agency took you by surprise. According to the representative from the third party debt collector, you owe money on a long forgotten debt. At least you though it was long forgotten. The representative was pleasant during the call, but something about the debt has kept you up at night.
It turns out the alleged debt was not a debt at all. Although bill collectors get a bad rap for harassing and intimidating consumers, the fact remains that a pleasant representative from a debt collection agency such as CKS Financial, LLC can cause just as much damage by lying about the existence of an outstanding credit card or personal loan account.
Under a groundbreaking federal consumer law, third party debt collectors are forbidden from using deception to trick consumers into paying off delinquent personal debts. In fact, the Fair Debt Collection Practices Act (FDCPA) requires bill collectors to send consumers a debt validation letter.
What Consumers Need to Know about Debt Validation Letters
When you pick up your car at a nearby shop, you go over the bill to ensure you are charged for just the services you requested. Look at a debt validation the same way. A debt collection agency that claims you owe money on an outstanding credit card or personal loan balance has five days after first contacting you to send a debt validation letter.
For example, if you received a letter from CKS Financial, LLC dated March 16, 2020, then the company is required by the FDCPA to follow up the initial letter with a debt validation letter postmarked no later than March 21, 2020. Failing to send a debt validation in a timely manner can lead to litigation in a civil court.
Crucial Information in a Debt Validation Letter
There are two essential pieces of information you need to see in a debt validation letter. First, you should be able to review the total amount owed on the debt in question. Second, the third party debt collector that sent you the debt validation letter should also include the name and the contact information for the original creditor.
Having a bill collector contact you probably will not ring a bell when it comes to remembering the company from which the alleged debt originated. Looking at the name of the original creditor should clarify whether you are indeed responsible for the alleged debt.
Seeking Monetary Damages
Falling victim to deceptive debt collection practices can cause you to feel shame and embarrassment. You do not want to go to work, and instead, you sit around the house all day feeling sorry for yourself. The FDCPA grants consumers the right to file claims that seek monetary damages for the development of emotional distress symptoms.
The key to proving the existence of emotional issues involves working with a state licensed FDCPA attorney. Your lawyer will interview mental health experts to determine whether you have a strong enough case to file a lawsuit. The FDCPA does not place a limit on the amount of money a plaintiff can earn by filing for actual damages.
Do not let a bill collector get away with not following all the provisions written into the FDCPA. Schedule a free initial consultation with an experienced FDCPA lawyer.
*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 CKS Financial, LLC, or any other third-party collection agency, you may not be entitled to compensation.