Best report
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Apr 3, 2015
He should have told you that this was an illegal attempt to collect that debt if it was written off in the bankruptcy. Also, since they communicated with you, and if they truly believe the debt was not included, they are required to do the following as per FDCPA:
Federal law (FDCPA) requires them to send you a letter (US MAIL ONLY) within 5 days of their first contact that contains their name, physical address, the creditor’s name, and the amount of the alleged debt. It also must contains “mini-Miranda” telling you that it is an attempt to collect a debt and that all information will be used for those purposes. The one other important thing that this letter must also have in it is that you have a right to dispute the debt within 30 days receipt of the letter and if you do so, all collection activity must be stopped until the debt is verified.
Read up on your rights here, get template letters to send and also make a complaint at this government site: http://www.consumerfinance.gov/
Also file a complaint with your State Attorney General's office.
List of State AG’s offices: http://consumerfraudreporting.org/stateattorneygenerallist.php
Federal law (FDCPA) requires them to send you a letter (US MAIL ONLY) within 5 days of their first contact that contains their name, physical address, the creditor’s name, and the amount of the alleged debt. It also must contains “mini-Miranda” telling you that it is an attempt to collect a debt and that all information will be used for those purposes. The one other important thing that this letter must also have in it is that you have a right to dispute the debt within 30 days receipt of the letter and if you do so, all collection activity must be stopped until the debt is verified.
Read up on your rights here, get template letters to send and also make a complaint at this government site: http://www.consumerfinance.gov/
Also file a complaint with your State Attorney General's office.
List of State AG’s offices: http://consumerfraudreporting.org/stateattorneygenerallist.php