swizinger Posted November 13, 2009 Report Share Posted November 13, 2009 I was recently contacted by a CA that goes by the name of Acme. My roomate gave me message telling me to call someone at an 800 number and then they anounced that they were Acme debt collections, so I hung up. As far as I know this company has just bought the debt, I have never seen them on my credit report and have never gotten a notice in the mail allowing me to dispute the charges with them. My question is: are they required to send the letter stating that they have bought the debt and give you a 30 day period to dispute the validity before they can start collecting?Also I have another CA (AFNI) after me for a phone bill whose SOL is about to expire in December sometime. I received a letter around the 2nd of Novemember stating that they bought the debt and that I had 30 days to dispute, so my plan was to wait until near the end of November and send a DV letter, then depending on what they send back I will most likely either tell them they can't verify and/or that the SOL has run out. My question on this is does the Telecommunications Act (specifically under 47 USCS § 415) protect JDB's from suing after two years? Link to comment Share on other sites More sharing options...
unusualsuspect Posted November 13, 2009 Report Share Posted November 13, 2009 Send a DV letter to AFNI now - don't wait. A collection agency must send a dunning letter within 5 days of the date of your initial contact. If they fail to do so, it's a violation of the FDCPA. Also, just because the SOL expires doesn't mean that they will not sue. You will have to make an affirmative defense when sued that the debt is out of statute. Link to comment Share on other sites More sharing options...
debtorshusband Posted November 13, 2009 Report Share Posted November 13, 2009 My question is: are they required to send the letter stating that they have bought the debt and give you a 30 day period to dispute the validity before they can start collecting?No. It is quite common for collectors to begin their campaign by telephoning. Once they make contact with you, (and that means real-time, person-person conversation, not leaving messages with other people) they are required to send you a letter within 5 days informing you of your right to dispute, within 30 days, etc.After spending some time trying, if they are unsuccessful in making that initial telephone contact with you, they may decide to then send you a letter. But many will first spend lots of time leaving messages on answering machines, calling your relatives, calling your neighbors, trying to call you at work, etc.Regards,DH Link to comment Share on other sites More sharing options...
Recommended Posts