Debt Collection Rights Explained
Summary
Debt collectors must provide proper documentation to verify debts. If they continue collection efforts after a cease and desist letter or fail to provide adequate verification, it may violate the fdcpa. Consider consulting a legal expert for personalized advice.Full Conversation
I sent a case and desist letter to resurgent the added a restriction to the account 3 months later anther debt collector sent me a collection letter which I disputed on time the I received * letters from resurgent stating that the debt is verified
It seems like you're dealing with a debt collection issue. Here's some general information that might help in California:
- Debt Verification: You have the right to request verification of the debt. If they cannot provide it, they should cease collection efforts.
- Cease and Desist Letter: If you’ve sent this letter, collectors must stop contacting you, except to inform you of specific actions.
Could you clarify if the debt was verified with proper documentation?
They sent it on their letterhead and address for a debt collector legal firm
It sounds like you received a verification from the debt collector on their letterhead. In California, debt collectors must provide proper documentation to verify the debt. You can request further proof if the documentation seems insufficient.
- Have you reviewed the documents provided to ensure they meet the required standards for debt verification?
Did resurgent violate the FDCPA
In California, under the Fair Debt Collection Practices Act (FDCPA), a debt collector may have violated the act if:
- They continued collection efforts after receiving a cease and desist letter, except for specific actions like informing you about legal actions.
- They failed to provide adequate verification of the debt upon request.
If Resurgent did not provide proper documentation or continued attempts to collect without proper verification, it might constitute a violation. You may consider discussing your situation with a legal expert for tailored advice.