The FDCPA also provides protections to consumers, including allowing you to require debt collectors to
valid any debt against you or have your attorneys» fees paid for by the debtor in a lawsuit in you are successful.
(1) the amount of the
debt; (2) the name of the creditor to whom the
debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the
debt, or any portion thereof, the
debt will be assumed to be
valid by the
debt collector; (4) a statement that if the consumer notifies the
debt collector in writing within the thirty - day period that the
debt, or any portion thereof, is disputed, the
debt collector will obtain verification of the
debt or a copy of a judgment
against the consumer and a copy of such verification or judgment will be mailed to the consumer by the
debt collector; and (5) a statement that, upon the consumer's written request within the thirty - day period, the
debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
Husband argued it didn't matter if the
debt was incurred before the agreement was modified, that the new agreement was
valid and his wages were community property that could not be taken to pay the separate judgment
against him.
All
Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as
valid against the United States under this Constitution, as under the Confederation.
If the joint owner did not guarantee, co-sign or jointly sign for the
debt, they are not responsible for paying the
debt and the judgment is not
valid against their share of any equity.