Consumer complaint received 2024-09-06
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: RMS-Recovery Management Services, Inc. (UT)

This is a continuation of a previous complaint, XXXX. 

RMS Indicated they provided documents requested, but in truth, they only provided a statement. A made up paper statement does not proof the debt is mine. The only thing that will proof the debt is mine is a signed contract or agreement. 

I contacted RMS on XX/XX/XXXX to discuss this issue, but they insists the statement is sufficient. This is far from the truth. I can provide a couple of statment indicating that RMS has an outstanding balance with me, as well as their client which would wash off their claims of a debt. 

15 USC 1692g. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing- ( 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. 

( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. 

( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

( Pub. L. 90321, title VIII, 809, as added Pub. L. 95109, XXXX XXXX XXXX, 91 Stat. 879. ) As per 15 USC 1692g. Validation of debt - number 4 indicates that upon notification that the debt is being disputed, the debt collector must obtain verification of the debt or a judgement. No such documentation has been provided to me.

Additionally, section ( b ) indicates that if the debt collector is notified that the debt or any portion thereof is being disputed, then the " debt collector shall cease collection of the debt ''.

RMS has been notified in writing and via telephone that I am disputing the debt, however, their collection efforts have not stopped. 

This is a clear violation of the code.