Full question:
I was just served with a Summons for $1,139 from a local hospital. This account had been turned in for collections and I had been paying, as agreed, until I began getting harassed by another collection firm on this same account. I contacted the original collection firm, twice, asking them what was going on. Each time I was told they would get back to me and I never heard from them again. Plus the $1,139 is an inaccurate amount as the last known total was $900. I just couldn't justify continuing to pay on it if they were going to keep sending my info to other collection firms. What legal grounds do I have?
- Category: Debts and Credit
- Date:
- State: National
Answer:
A collector may not contact you if, within 30 days after you are first contacted, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed. Section 809(a) of the Fair Debt Collection Practices Act requires a collector, within 5 days of the first communication, to provide the consumer a written notice (if not aleady provided in that communication) containing
(1) the amount of the debt and
(2) the name of the creditor, along with a statement that he will
(3) assume the debt's validity unless the consumer disputes it within 30 days,
(4) send a verification or copy of the judgment if the consumer timely disputes the debt, and
(5) identify the original creditor upon written request.
If the consumer disputes the debt or requests identification of the original creditor in writing, the collector must cease collection efforts until he verifies the debt and mails a response.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
