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alleiter
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My friend has a 140.00 collection on his account from a collection agency. My friend never got a letter from the collection agency about the debt but was still posted on the equifax credit bureau, therefore this would be a violation by the collection agency correct?? Furthermore My friend send by registered mail a debt validation letter to the collection agency to validate the debt, but they did not respond in 30 days instead on the 33 day he gets a call from the collection agency stating that since he didn't respond when they CLAIM they mailed their first letter to him informing him of the debt that they don't have to validate the debt anymore. I believe this is false and this is a violation for them for refusing to validate the account correct?

At this point what is the proper strategy, would a suit in small claims court be the correct course of action, would an additional letter to the collection agency be correct? Thanks for anyone who takes the time to give feedback

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My friend has a 140.00 collection on his account from a collection agency. My friend never got a letter from the collection agency about the debt but was still posted on the equifax credit bureau, therefore this would be a violation by the collection agency correct??

It is not a violation for them to put a derogatory on the CR. They must send you a dunning letter shortly afterwards which is why, if you see a CA on your CR, you send in a DV right away.

Furthermore My friend send by registered mail a debt validation letter to the collection agency to validate the debt, but they did not respond in 30 days instead on the 33 day he gets a call from the collection agency stating that since he didn't respond when they CLAIM they mailed their first letter to him informing him of the debt that they don't have to validate the debt anymore. I believe this is false and this is a violation for them for refusing to validate the account correct?

First, never talk to the CA on the phone. Yes, them refusing to validate is a violation but you have no real proof since it was said on the phone. Under the FDCPA, you are allowed to validate a debt at any time, and the CA must show you proof that you owe the debt to them.

At this point what is the proper strategy, would a suit in small claims court be the correct course of action, would an additional letter to the collection agency be correct? Thanks for anyone who takes the time to give feedback

There is nothing to sue them for at this point since it would be your word against theirs. What you need to do is send a 2nd DV letter with a copy of the original DV and a copy of their dunning letter via CMRR.

Tell them that you have again attempted to exercise your rights under the FDCPA Section 809. Validation of debts [15 USC 1692g] to validate the debt that they claim you owe. During the phone call on <Date, time>, with <scuzzy CA guy> you were told that the CA was no longer required to validate the debt since you didn't respond to their dunning letter which was never received. The FDCPA guarantees this right at any time which they have now blatantly violated, not once but twice. You now have 5 days to delete the derogatory notations from my CR and provide written proof that this has been done. You are to also cease all collection activities. Anything other than written proof confirming the deletion of these derogatories will force me to file suit for the blatant violations of my rights.

Also, do not attempt to make any phone contact at my home or place of employment since it is not allowed by my employer. All correspondence is to be done via USPS Mail ONLY. All calls to my residence will be recorded so any attempt to contact me by phone will be acknowledged as your agreement to be recorded.

Hope this works for ya!

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