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Does a collection agency have to notify a person in writing that they have your file in their office?

Asked over 2 years ago - Seattle, WA

I was paying on a bill and missed one payment so the account was sent to an outside collection agency. I was not aware that it had been forwarded on to this company. I was never notified by the collector that they had my file in their office, they are telling me that they do not have to send me a letter or statement to notify me of their intent to collect the debt. How can I dispute something I was not aware was sent to them or know the balance owing, or where to send the payments if they do not send me any info in regards to the account?

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Attorney answers (2)

Shawn B Alexander

Reputation Level 19

Answered over 2 years ago. Real Estate Attorney in Olga, WA.

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The requirement for written notice is statutory for bad checks, and good business practice for everything else. Occasionally agencies send to old or bad addresses. It appears as the agency did not bother, with your account. I worked with one agency that did not send out notices below on balances $25.00.
The dispute usually happens when a credit report is checked.

Good Luck

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Edward P Sager

Reputation Level 8

Answered over 2 years ago. Bankruptcy Attorney in Kirkland, WA.

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It sounds as though you know which original creditor sent the debt to collections and that you know what company is doing the collections. Armed with such knowledge, you can send a request IN WRITING, CERTIFIED MAIL, RETURN RECEIPT REQUESTED to the debt collector and the original creditor disputing the debt and requesting more information.

The following is what I put in my letters of representation and you are free to adapt this to your situation:

You are also put on notice that the above referenced debtor disputes the validity of the debt. Please obtain verification of the debt and send the same to both the consumer and this office prior to any further collection efforts, pursuant to 15 U.S.C. §1692(g).

To answer your question directly, there is no way to dispute something or know where to send payments if you have no knowledge of the alleged debt. If you did not communicate with the debt collector, eventually, the collections agency would probably turn your case over to an attorney and you could be sued, at which time you can get all necessary information. But, as I am sure you know, being proactive is much better.

Good luck.

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