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Send us a copy of your collection notices
You might be able to obtain compensation from a debt collector for a violation of the federal Fair Debt Collection Practices Act (FDCPA) in connection with a collection notice you received in the past several months from a “debt collector”, as defined in the Act. Your ability to recover depends on your particular circumstances. The information below is not legal advice.
Violations arising from the first collection notice a consumer receives and the ensuing 30-day “validation” period
- The first letter you receive from the debt collector demands payment from you within 30 days of the date of the letter.
- The debt collector demands payment from you, verbally or in writing, prior to the expiry of 30 days following the date of the debt collector’s first letter.
- The first letter you receive from the debt collector does not contain the following mini-Miranda warning:
“This is an attempt to collect a debt and any information obtained will be used for that purpose.”
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The first letter you receive from the debt collector does not contain the following language (the “validation notice”)
“If you notify the debt collector in writing within the 30 day period 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 a copy of the 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.”
- The language in the validation notice is overshadowed by other language in the first letter.
- The validation notice is printed on the reverse side of the letter and there is no notice on the front side of the letter “See Reverse for Important Information” to draw the reader’s attention to the validation notice on the reverse side of the page.
- Where you responded to the debt collector’s first letter in writing within 30 days to (1) dispute the debt in whole or in part or (2) to request the name and address of the original creditor and the debt collector attempts to collect the debt from you before meeting your request and “verifying” the debt.
A debt collector may also violate the FDCPA, regardless of when collection letters are sent, for the following:
- The debt collector sends you a letter threatening to sue you and no lawsuit is commenced against you within 60 days.
- The debt collector sends you a letter stating that non-payment of a debt will result in "further action" being taken against you and no lawsuit is commenced against you within 60 days.
- The debt collector sends you a collection notice in circumstances where he has no meaningful involvement in the attempt to collect the debt from you.
If you send us a copy of collection notices you receive from a third party debt collector we will attempt to contact you and provide you with the name of a consumer lawyer in your area with experience suing debt collectors. However, we do not guarantee that we will be able to provide you with the name of a local consumer attorney who can assist you.
You can send us a copy of your collection notices by e-mail, fax or by regular mail.
Mark Silverthorn Law Offices Professional Corporation
Plaza Suites Building
534 Delaware Ave., Suite 416
Buffalo, NY 14202
Fax: (866) 996-9942
e-mail: info@collection-calls.com
We would appreciate if you would provide us with your telephone number and e-mail address when you send us your collection notice.
If you send us a copy of your collection notices by regular mail, send only copies, keep the originals.