FDCPA Question - Collections

[underjudgment]

What is the name of your state? KY

Can anyone lead me to the exact FDCPA law that states that a collection firm must notify you of collection of a debt prior to thirty days before filing suit against you in a court of law. Or something close to that effect?

 

[underjudgment]

I believe I found what I am looking for, although not exactly as my question was stated, in 809(5)(b)

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer's right to dispute the debt or request the name and address of the original creditor.

Would it be possible to counter sue just for the fact that the collections company did not give the required thirty-day period to notify them that the debt was in dispute before proceeding with collections of the claim by filing suit within the thirty day period? Or am I just reading this law wrong?

 

[TigerD]

What is the name of your state? KY

Can anyone lead me to the exact FDCPA law that states that a collection firm must notify you of collection of a debt prior to thirty days before filing suit against you in a court of law. Or something close to that effect?

No. Because it isn't there. They have no obligation to notify you at all.

DC

 

[Chien]

Am I just reading this law wrong?

Yes, unfortunately.

While it makes economic sense to try to collect without litigation, there is hypothetically nothing to prohibit the CA from going directly to litigation without saying a word to you.

The section that you cite refers to the response time to dispute and/or request validation if a demand is made.

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Edit: Sorry, DC. I was writing while you were posting.