RS Clark and Associates, Inc. Debt Collection Complaint

RS Clark and Associates, Inc. Debt collection department,

Other (i.e. phone, health club, etc.) Cont'd attempts collect debt not owed Debt is not mine Texas

This complaint is in supplement to my Case number : -. RS Clark continues to believe they have properly validated this debt ; however, they have not. The FDCPA holds that " a computer generated form made to look like a billing statement from the original creditor in response to a debt validation request is NOT sufficient for debt validation. This is precisely what was provided to me by RS Clark. See attached. Under the FDCPA, this is not proper validation. I have been more than fair in giving RS Clark the opportunity to properly validate this debt for over 3 months, yet they have failed to do so. If a consumer notifies a debt collector that a debt is disputed, the debt collector must obtain certification of the validity of the debt from the creditor and mail said certification to the consumer ( H.R. 5294, 95th Cong. 808 ( b ) ( -/-/- ) ). RS Clark did not do this. Further, Texas Finance Code Section 392.202 requires a debt collection agency to provide the alleged debtor with specific information concerning their debt including but not limited to : a ) The name of the original creditor ; b


Clark has failed to provide any of the required information. Finally, Section 392.101 of the Texas Finance Code prohibits a debt collector from engaging in debt collection in Texas unless the debt collector has obtained a surety bond and filed a copy of the bond with the Office of the Secretary of State. I have checked with the Secretary of State and found that RS Clark & Associates ' last surety bond was cancelled on -/-/- ( see attached ). Accordingly, they are in violation of the Texas Finance Code and are not legally able to collect debts in the state of Texas. Due to RS Clark 's failure to properly validate this debt under the law, and due to their violation of the Texas Finance Code which makes them ineligible to collect debts in the state of Texas, ALL REFERENCES TO THIS INVALIDATED DEBT MUST BE REMOVED FROM ALL OF MY CREDIT LISTINGS. Thank you.