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 you dispute the debt within 30 days of their first communication. You can do this by sending them a letter stating you do not owe the money. However, they can resume collection efforts if they send you proof of the debt, like a copy of a bill for the amount owed.
According to Section 809(a) of the Fair Debt Collection Practices Act, a collector must provide a written notice within five days of their first contact. This notice should include:
- The amount of the debt
- The name of the creditor
- A statement that they will assume the debt is valid unless you dispute it within 30 days
- A requirement to send verification or a copy of the judgment if you dispute the debt
- Identification of the original creditor upon written request
If you dispute the debt or request the original creditor's identification in writing, the collector must stop collection efforts until they verify the debt and respond to you.
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.