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     | Tuesday, February 08, 2000 - 05:54 am  A collector sent me a letter attempting to collect a debt that I don't owe. I sent a letter via certified mail to the collector explaining that I dispute the debt, and to send me verification of this debt. This letter was sent four months ago. I have never recieved any verification or aknowlegement of the dispute. This week I recieved a letter from the collector telling me they have not heard from me and are giving me one more chance to pay before they elevate their collection efforts. Here is my question: Isn't it a violation of the FDCPA to fail to provide verification of the debt within 30 days, and continue to attempt to colletc the debt? Can I sue in small claims court for money becuase of this violation? What do you suggest I do?
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| | Tuesday, February 08, 2000 - 12:21 pm The FCRA says that CRAs (Credit reporting agencies) have 30 days to respond/investigate when you submit a correction to them. I think you're mixing up the FCRAs and collection agencies, I don't know of any law that says creditors are required to respond within 30 days. Anyone know of anything?
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| | Tuesday, February 08, 2000 - 01:49 pm When you receive a dunn from a collection agency they have to tell you in your mini miranda in the letter that you have 30 days to dispute the validity of the debt. Thst allows you to contact them and tell them you dispute it and want proof. Accordingly they are suppose to respond within a reasonable amount of time 30-45 days to validate the debt. If they don't then yes they would be violating the FDCPA. As for suing them over that, I doubt an attorney would take it and to sue in small claims court it would have to be a civil action related to monetary. So you could not sue them for damages related to the FDCPA in small claims. You would need to go to superior court as pro se or hire an attorney. You can go online and file a complaint with the FTC Kristi Feathers
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| | Tuesday, February 08, 2000 - 06:31 pm I would take Kristi's advice and file a complaint with the FTC. I would also send a copy of the complaint to the collection agency. Once the collection agency gets a copy of your complaint, I seriously doubt they will send any more letters or make any further attempts to collect the bogus debt.
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| | Tuesday, February 08, 2000 - 08:42 pm I find the FTC does nothing. However, the local attorney general's office usually does a much better job at letting the collector know they're being investigated, even if it's simply mediation.
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| | Wednesday, February 09, 2000 - 11:59 am The Fair Credit Reporting Act (FCRA) 1681s thru 1681s-2 has requirements on furnishers of information to the CRA's. You can dispute the accuracy of any information to the furnisher of the information. They have 30 days to verify the accuracy. They have to report the account as disputed. They have to correct inaccurate information within 30 days. You're only recourse is to file a complaint with Federal Trade Commission (FTC) and with your states Attorney General. You cannot, by law, file any action in small claims court or elsewhere. Only the FTC and the Attorney General of your state can commence any action, but you could receive up to $1000.00 if they are sucessful. I would suggest you scream at the top of your lungs to the FTC and your states AG. Send them copies of your communications with the collection agency and demand they start an action under the FCRA immediately. Do not contact the collection agency again, let them hang themselves.
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