Tuesday September 07 , 2010

What does the debt collector have to tell me about the debt?

Every debt collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.

This notice requirement is one of the hotbed issues with regard to litigation.  For some reason, debt collectors love to "tinker" with the notices in their letters. The notice may appear correct to you even when it's not correct. Because of this, if you get a letter from a debt collector you should always contact our office immediately. We will be more than happy to review the letter for you at no cost. Do not assume that you know what the notice should say.

Furthermore, some states have additional notice requirements. For example,  California's Rosenthal Fair Debt Collection Practices Act has additional notices built into it.

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"That is why we don’t charge you to discuss your case.  If you have been treated unfairly by debt collectors, sued, or alike, you need not fear calling us.  We will listen to you, tell you if you have a case, and give you some options - all at no charge.  If you feel your rights are being violated, I urge you to call us today at (619) 233-7770 for a free consultation.”