You arrive home one day to find the home landline messaging system full of phone messages left by what appears to be angry representative from a debt collection agency. For the third time in the last week, you have returned home to hear the abusive and harassing language used by an overly aggressive third party debt collector.
Not sure what to do, you eventually get in touch with a state licensed consumer protection lawyer who specializes in litigating an influential federal law called the Fair Debt Collection Practices Act (FDCPA).
Enacted by the United States Congress, the FDCPA contains dozens of provisions that outlaw previously legal debt collection techniques. A third party debt collector such as PMAB, LLC is prohibited from threatening you with a lawsuit, as well as threatening to contact a third party regarding your debt.
The company is also forbidden from impersonating the IRS or a law enforcement agency. One provision of the FDCPA that does receive much consumer scrutiny is the provision that clearly requires a bill collector to send you a debt validation letter.
Overview of a Debt Validation Letter
Five days after a debt collection agency left a voice message, the company is required by the FDCPA to send you a debt validation letter that verifies the debt is your legal responsibility.
Sent by snail mail and not electronic mail, the debt validation letter should include the total amount due on the credit card or personal loan account, as well as provide a clear explanation about when the debt was taken out and how long the debt has remained open for collection.
A bill collector that fails to send you a debt validation within five days after the initial contact with you has run afoul with the FDCPA.
Responding to a Debt Validation Letter
After reading the debt validation letter sent by a debt collection agency, you should respond with a letter of your own, which is also sent via snail mail. You should ask the third party debt collector why the company believes you owe money on the debt. This is a good time to ask for the name and the contact information for the original creditor.
Ask for a copy of the original debt contract, such as a copy of the credit card agreement. Above all, request proof that the third party debt collector involved in the debt collection effort has a state approved business license to collect delinquent credit card and personal loan balances.
Contact an FDCPA Lawyer
By working with an experienced FDCPA attorney, you will receive expert advice on how to craft the response letter to a debt collection agency’s debt validation letter. Your FDCPA lawyer will also determine whether you have a strong enough case to file a claim in civil court that seeks monetary damages.
Having to deal with an overly aggressive bill collector can trigger physical and/or emotional duress symptoms. You FDCPA attorney will collect the documentation needed to prove you suffered from physical distress symptoms, such as the development of skin rashes and prolonged migraine headaches.
Medical professionals have to link your physical duress symptoms directly to the illegal tactics used by a third party debt collector.
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 PMAB, LLC, or any other third-party collection agency, you may not be entitled to compensation.