THE G-NOTICE DEBT COLLECTION LETTER
Unfortunately, debt collectors are allowed to mail you collection letters requesting that you repay the alleged debt the collectors claim that you owe. In fact, in most situations the FDCPA requires a debt collector to send at least one letter to the person that it claims owes money. This letter is referred to as a G-Notice and requires that debt collectors mail a G-Notice within 5 days after the first communication with the person it is trying to collect money from. Click here to read 15 U.S.C. 1692g.
The G-Notice requires a lot of specific language to be included. Some of the most basic information required is:
(1) the amount of the debt and
(2) the name of the creditor, along with a statement that he will
(3) assume the debt’s validity unless the consumer disputes it within 30 days,
(4) send a verification or copy of the judgment if the consumer timely disputes the debt, and
(5) identify the original creditor on written request.
If the G-Notice does not include all the language required by the FDCPA, the debt collector is in violation of the FDCPA.
OTHER TYPES OF COLLECTION LETTERS
Debt collectors are also allowed to send other types of debt collection letters. Most often I see letters where the debt collector states that the consumer owes a debt, the amount of the debt, and that the collector is offering a payment plan or a reduced repayment amount if the alleged debt is paid by a certain time. Oftentimes, these collection letters follow all the rules required by the FDCPA. However, I believe that each collection letter should be carefully analyzed. Debt collection letters are required to have many disclosures to protect the consumers receiving them. If the letters do not, then the letter violates the FDCPA. Collection letters must not be deceptive or make any deceptive threats, be humiliating, or abusive in any way. While many debt collection letters do not violate the FDCPA, a fair amount of them do.
SEND ME COPIES OF ALL OF YOUR DEBT COLLECTION LETTERS!
If you have received a debt collection letter, please send a copy to my office for our free review. In most situations the debt collection letter will not be in violation of the FDCPA, but it is very common for us to find FDCPA violations in the collection letters. There are just so many rules under the FDCPA to follow when creating a collection letter. If you send us a copy of your collection letter, there is no cost to you and no obligation. We will review the letter and let you know if we have found an FDCPA violation. If we cannot find a FDCPA violation, you will not be charged for our time. If we are able to find an FDCPA violation, we will let you know and provide you with your options. You will not be under any obligation to hire us and you will not be charged.
If you are receiving debt collection letters in San Diego, Los Angles, or any other part of California, contact us 1-800-219-3577 so we can review your collection letters to if it violates the FDCPA.