Debt Collection Notification Rules
Summary
Debt collectors in Massachusetts must notify you before reporting to credit agencies under the FDCPA. If they fail, you can dispute the debt and request verification. Writing a debt validation letter with your current address is advisable. You can also request the removal of the account and ask that the debt not be sold without proper notification.Full Conversation
what happens if the didn't notify me? Is it my fault they didn't have my information?
If the debt collector didn't notify you, it's generally their responsibility to make reasonable efforts to contact you. If they fail to do so, it may violate the Fair Debt Collection Practices Act (FDCPA). You can dispute the debt with the credit agency and request verification from the collector.
should i write a debt validation letter and include my current address?
Yes, writing a debt validation letter is a good step. Include your current address so the debt collector can respond. This letter can request verification of the debt and is essential in disputing any inaccuracies.
should i demand they remove the account and close the collection since they didn't notify me before reporting it? and should i state they cannot sell the debt
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In Massachusetts, if the debt collector failed to notify you, you can:
- Dispute the debt with the credit agency.
- Request they remove the account due to lack of notification.
- Ask them not to sell the debt.
However, whether they can sell the debt without notifying you is complex and may need legal advice. Would you like more information on how to proceed with these steps?
yes
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Here's how you can proceed:
- Dispute the Debt: Write to the credit agency to dispute the debt, explaining the lack of notification.
- Debt Validation Letter: Send this letter to the debt collector, demanding verification and removal due to the failure to notify.
- Cease and Desist: Request that the debt not be sold without proper notification.
Would you like guidance on writing these letters or any other help?
yes generate templates for all and when to send
Case Rating: *
It seems like you're dealing with a complex situation that may need careful handling. Here are general steps you can follow to draft these letters:
*. Dispute Letter to Credit Agency:
- Clearly state the lack of notification by the debt collector.
- Request verification and removal of the debt from your credit report.
*. Debt Validation Letter to Debt Collector:
- Include your current address for response.
- Demand verification of the debt.
- Request removal of the account due to lack of prior notification.
*. Cease and Desist Letter to Debt Collector:
- Clearly state your request to not sell the debt without proper notification.
These letters should be sent promptly once you're ready to dispute the debt. Would you like more detailed guidance on how to write these letters?