Sec. 5. Legal actions by debt collectors
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/bill/116/hr/5934/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 811 of the Fair Debt Collections Practices Act ( 15 U.S.C. 1692i ) is amended— by redesignating subsection
(b)as subsection (c); and by inserting after subsection
(a)the following new subsection: A debt collector that takes legal action to collect or attempt to collect a debt shall comply with the following requirements: Provide the consumer written notice of the intent to take legal action, sent to the consumer’s last known address at least 30 days and not later than 60 days in advance of commencing the legal action, that shall include— all methods that the consumer can use to contact the debt collector; and all information contained in the notice required under section 809(a) (excluding the information described in paragraphs (3), (4), and
(5)of such section), updated to ensure correctness. In the initial pleading filed by a debt collector to commence a legal action to collect a debt, include— all information contained in the notice required under section 809(a) (excluding the information described in paragraphs (3), (4), and
(5)of such section), except any account numbers and any personally identifiable information, updated to ensure correctness; the last four digits of the account number of the original debt; admissible documentary evidence of— the written agreement, contract, or instrument creating the debt, if any, or other documents showing that the consumer agreed to the agreement, contract, or instrument creating the debt; any terms and conditions relevant to the debt; that the consumer incurred the debt and the amount owed; and that there is a chain of title of the ownership of debt and the right to collect the debt, including documents showing the date of each transfer of ownership of the debt and the identity of each owner of the debt; and a sworn affidavit stating— that the applicable statute of limitations for collecting the debt has not expired and the date on which such statute of limitations expires; and that the debt collector personally reviewed all applicable records and documents relating to the debt to be collected. .
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Sec. 5
Legal actions by debt collectors
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