QUESTION

Debt Collector threatened to accelerate action even though the letter sent gave me 30 days (19 remaining) to dispute/investigate the debt

Asked on Jun 01st, 2015 on Debtor and Creditor - Florida
More details to this question:
After alerting them on Friday I needed time to investigate whether the debt had been paid they called back Monday and threatened to send it to legal on Wednesday. If I have a 30 day period to dispute (do my due diligence before paying a bill I believe to be paid), is it illegal or harassment to threaten to accelerate the matter before that period is over?
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1 ANSWER

Commercial Litigation Attorney serving St. Petersburg, FL at Law Office of Guy P. Coburn
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The Fair Debt Collection Practices Act (15 U.S.C. §1692) requires a collector to give you a notice that you have 30 days to dispute, but that notice really has no practical effect.  The creditor can sue at any time, including before the 30 days has expired.  However, you can slow them down by sending a letter to the debt collector asking for "verification of the debt."  The statute says that they must stop collections efforts until the verification is sent.  "Verification" can be something as simple as a computer print out showing the amount of the account, and if they receive your request, and immediately mail out "verification," then they can immediately resume collections activities.You have certain rights about communications under the law.  You can give them specific instructions not to contact you -- if you do, their only options will be to tell you that you are about to be sued, and then to sue you.  They cannot call you at work if your employment does not allow such calls.  They should not call you on a cell phone unless you allow it.  They should not leave voice mail messages with any details about the debt.  Every time they talk to you, they must say, "This is a communication from a debt collector."
Answered on Jun 01st, 2015 at 3:29 PM

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