Right time for Intent to Sue?

[ManofB]

Hi all,

 

Quick question. Received a voice mail today 7/31/14, about a letter I should have received and they want to give me the opportunity to speak for myself or they will proceed with consequences. I had sent this company a DV letter within the 30 days. Came home today and the green card return receipt was in the mail box, signed for on 7/28. Is this a clear violation? And appropriate to send an ITS letter?

[tmcgill]

After they received your DV, they are allowed to contact you once as a follow up.

(Let you know their intentions, inform you they are sending the debt back to the OC, etc.)

 

After that, all collection activity must stop. That was their one call. Any additional collection efforts would be a violation.

[ManofB]

Good to know. I was under the impression that all activity after the DV letter was received was to be in writing.

[ManofB]

Do you have a source for that by chance? I can't seem to locate verbiage like that in the FDCPA. Not doubting you, would just like to read the appropriate section

[tmcgill]

The FTC has been including that exception in its publications for a few years now. I'm sure it is buried in language included in the FDCPA.

I've never found it, but have used the FTC as the legal source.

 

https://www.consumer.ftc.gov/articles/pdf-0036-debt-collection.pdf

(page 2)

 

Note: I've used the ITS (Intent to Sue) when I have a clear legal violation, or there is some type of negligence I can prove.

Edited July 31, 2014 by tmcgill

[ICANHASMUNY?]

if you tell them to cease all communications, they can only contact you once more to tell you what they plan to do, nothing else.

 

if you send them a DV request, they have to cease all collection activities until the debt is validated.

[Consumeradvocatenyc]

If they left a voice mail on a family phone it is a third party disclosure violation

[tmcgill]

From the Federal Trade Commission:

 

Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit.

 

Can a debt collector contact anyone else about my debt?

If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.