Jmonighan's Comments

Consumer Debt Collection Practices (ANPRM) | Closed Rule

Jmonighan
1

Validation should be obtained from the Creditor by the Collection Agency prior to any Collection attempt is made by the Collection Agency at the very least. It would be even better if the Collection Agency would give notice of validation at least 5 days before any attempt is made to Collect. This notice would give the Consumer a narrow window to contact the Creditor directly to satisfy a debt that may be outstanding or to inquire about the details of the alleged debt before making a good faith payment to the Collection Agency. The rules of Evidence Judicial Procedure should be horned during the validation process. With out meeting some measure of the burden of proof all functions of Debt Collection is simply a burden to the Tax Payer, any proceedings with out court worthy documentation would be frivolous. If Custody of the debt is transfered form a Creditor to and Collection Agency the Contract must be available for the Consumer or Custody of the debt by the Collection Agency should be invalidated. Privacy should be respected. When it come to mortgage debt; Upon the issuance of a mortgage form a bank the bottom line banks holding do not decrease. In essence The bank has written new currency (guaranteed by the future payment of the Property taxes, and other Taxes placed on the individual Citizens of the United States of America backed by there Social Security numbers and property deeds) in to existence. Essentially the Borrower is giving the full amount of the mortgage plus interest to the mortgage lender. If the FDIC truly backs Lenders, The lender should maintain the documentation of the agreed debt and a Default should be handled by the FDIC. Outsourcing to a Collection Agency can compromises the custody of the debt and encourages harassment of the consumer by a 3rd party. May Fraud be Minimal and Prosperity be Abundant.