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No validation provided by collection agency

Wed May 7, 2008 12:05PM | By Tony

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Q: I received a letter 3.5 months ago from a law firm stating that it got an account with $1,800 balance for collection from a credit card issuer. I wrote back to them by certified mail with signature confirmation and return receipt, that I had never had this credit card and asked for the proof. And I truly never had it. Yesterday I received another letter stating that this was my last chance to settle the matter before they sued me for $2,350 which I can only assume, includes now interest and fees. Don't they still have to produce some paperwork proving the account belonged to me at some point as well as that they have a right to collect on someone else behalf?

A: The law firm must furnish the proof. Otherwise it has no case and merit. According to FDCPA Section 809. Validation of debts [15 USC 1692g]
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

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