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Does a CA need to notify you before they report to the credit bureaus?


Fairy Enchantress
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Does a CA need to notify you before they report to the credit bureaus?

I checked my state laws and it says they must send me a notice within five days of communication with me. But I have never spoken with them and have not received and letter from them.

"FIRST NOTICE

Within 5 days after you are first contacted, the collection agency must send you a written notice stating the amount of money due and the name of the creditor who referred the debt to the collection agency." http://www.ago.state.co.us/CADC/BrochureEnglish.cfm.html

PS. UPDATE... No they don't need to notify you. I sure wish they did though.

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Does a CA need to notify you before they report to the credit bureaus?

I checked my state laws and it says they must send me a notice within five days of communication with me. But I have never spoken with them and have not received and letter from them.

"FIRST NOTICE

Within 5 days after you are first contacted, the collection agency must send you a written notice stating the amount of money due and the name of the creditor who referred the debt to the collection agency." http://www.ago.state.co.us/CADC/BrochureEnglish.cfm.html

PS. UPDATE... No they don't need to notify you. I sure wish they did though.

Generally no, they don't.

No doubt you've been "warned" of the potential "negative" reporting with nearly every communication you've ever received from the creditor. Nothing I know of requires the CA to issue a separate warning (although many will do so when they do communicate.

Nothing in the FDCPA (or most state laws that I'm aware of) requires a CA to communicate with you at all. Most "requirements" kick in when/if they do communicate but it's really up to them whether they report as well as up to them whether they even make any active attempt to collect.

That said, if their reporting is how you first became aware of their "involvement" with the alleged debt, you should take the position that the reporting constituted "initial contact" and proceed accordingly.

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