The Validation of Debts in Legal or Illegal Debt Collection

A debt collector must follow and abide by federally mandated fair debt collection practices. Within 5 days of initiated communication with you, a debt collector must send a written notice that contains the following:

• The amount of the debt
• The name of the creditor
• A statement giving you 30 days to dispute the validity of the debt
• A statement (at your request) with the name and address of the original creditor, if different from the current creditor

If you notify the debt collector within the 30-day-period that you are questioning the validity of the claim, the debt collector has to cease collection of the debt. This cease-fire of sorts must continue until you receive verification of the debt or any copy of judgment related to the debt, in addition to the name and address of the original creditor, and a copy of such verification or judgment. If such actions have not been followed, you may need to contact a Massachusetts illegal debt collection attorney.

Any collection activities and communication during this 30-day-period must be consistent with the disclosure of the consumer's right to dispute the debt.

One exception is the delivery of a legal notice, as this does not relate to the collection of debt, and is required by the Internal Revenue Code of 1986 Title V. This shall not be treated as an initial communication in connection with collecting debt.

If a consumer owes multiple debts and makes any single payment towards any of those debts owed, then the debt collector may not apply payment to any debt that the consumer is disputing. 

More information about illegal debt collection class action lawsuits can be found at our article library. 

If you a victim of illegal debt collection, the Massachusetts class action attorneys at Phillips & Garcia may be able to help you file a debt collection class action lawsuit. If you have been suffered from an illegal debt collection, contact Phillips & Garcia today to schedule your free legal consultation - (877) 892-5620.