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Fair debt collection practices act section 809 b validating debts

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--------------------------------------------------------------- SECOND ISSUE: Where an attorney debt collector institutes legal proceedings against a debtor but has no prior communications with the debtor, are the requirements for the validation of debts set forth in Section 809 of the FDCPA supreme to state law or state court rules that otherwise prohibit the inclusion of the validation notice on court documents? § 1692g(a), provides: (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt;(2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. After reviewing state laws and court rules that prohibit validation notices in court documents under a preemption analysis, the Commission concludes that such state legislation is not preempted by the FDCPA. Freedom School advocates and encourages one and all to adhere to, support anddefend all Law which is particularly applicable.

In responding to this issue, the Commission notes first that Section 809(a) of the FDCPA, 15 U. Information is intended for [those] men and women who are not "US CITIZENS" or "TAXPAYERS" - continued use, reference or citing indicates voluntary and informed compliance. Freedom School is a free speech site, non-commercial enterprise and operation asthere is no charge for things presented.

Therefore, the commentary supersedes the staff views expressed in such correspondence.

In many cases several different sections or subsections of the FDCPA may apply to a given factual situation.

Collection notices by phone, mail or 3rd party can be unsettling and cause some people to panic because they do not know their fair debt collection rights.

Bill collectors are required to validate debts before continuing collection efforts according to section G of the FDCPA.

It is intended to synthesize staff views on important issues and to give clear advice where inconsistencies have been discovered among staff letters.

In some cases, reflection on the issues posed or relevant court decisions have resulted in a different interpretation from that expressed by the staff in those informal letters.

In contrast, the original creditor and its employees are generally not subject to the FDCPA, though they may be regulated by other state and federal laws; including the Fair Credit Reporting Act, which was modified by the Fair and Accurate Credit Transactions Act in 2003.

This commentary is the vehicle by which the staff of the Federal Trade Commission publishes its interpretations of the Fair Debt Collection Practices Act (FDCPA).

It is a guideline intended to clarify the staff interpretations of the statute, but does not have the force or effect of statutory provisions.

Naturally, we use their lessons against them and do all we can to get them to screw up so they can be sued. § 1692a(2), defines the term "communication" as "the conveying of information regarding a debt directly or indirectly to any person through any medium." In its Staff Commentary, Commission staff stated that the term "communication" "does not include formal legal action (e.g., filing of a lawsuit or other petition/pleadings with a court; service of a complaint or other legal papers in connection with a lawsuit, or activities directly related to such service) "53 Fed. Thus, even in a jurisdiction that prohibits validation notices in court documents, a consumer will receive the validation notice and learn, for example, that the debt collector must provide the consumer with written verification of the debt if the consumer disputes the debt within thirty days. This enterprise collectively is known and generally presented as "Freedom-School.com" - "we," "us" or "our" are other expressions of used throughout. The information you obtain at this site is not, nor is it intended to be, legal advice.

You will find a lot of ingenious tricks and traps can be devised to make them goof it up and lose their collection efforts and their cases against you. State legislation that prohibits validation notices in court documents also does not stand as an obstacle to the promotion of "consistent State action to protect consumers against debt collection abuses." Consumers will receive their validation notices in jurisdictions that prohibit validation notices in court documents as well as in jurisdictions that permit the practice. Freedom School does not consent to or condone unlawful action.