From time to time, a Guest Blogger will share voice at the New Mexico Bankruptcy Law Blog. Today, we welcome Deborah DeMack. Deborah is a former Assistant Attorney General in the Consumer Protection Division of the New Mexico Attorney General’s Office. A solo practitioner now in private practice in Santa Fe, NM, Ms. DeMack practices consumer law, debt collection defense, and consumer bankruptcy. She can be reached at 505.471.3302. This is part 6 of the series.
The 30 Day Validation (Verification) Notice
Within five days of the initial contact from a debt collector (typically, by phone) the FDCPA requires that the debt collector must send you a written notice informing you, the consumer, that you have the right to dispute the debt, in part or in whole. The notice must also state the name of the creditor, the amount of the debt, and that you have the right to ask for verification of the debt. Until the debt collector is able to verify the debt, i.e., provide copies of the underlying credit agreement and related paperwork, a copy of the judgment, or the name and address of the original creditor, the debt collector must cease all collection activity.
Next in the series is Part 7: Statutes of Limitations
Previous posts in the series: Debt Collection Abuse and the FDCPA, To Whom Does the FDCPA Apply? What Debts are Covered?, How May a Debt Collector Contact You?, What Acts or Practices are Prohibited by the FDCPA?, How Do You Stop a Debt Collector from Contacting You?