How do I file a collection defense law claim?

Filing a collection defense law claim in West Virginia involves submitting a written request to the creditor that is attempting to collect a debt from you. This request should state the amount of the debt, the name of the creditor, and any supporting documents (such as documentation of payment or communication between you and the creditor). The request should also include a claim of violation of the collection defense law in West Virginia. Once the request is sent, the creditor is required to cease collection activities until the creditor has verified the debt or until the consumer has provided written consent for the creditor to resume collection activities. The creditor must provide you with a written verification of the debt within five days of receiving your request and is prohibited from contacting you during this period. If the creditor fails to respond to your request or resume collection activities without verifying the debt or receiving written consent, then you may be able to file a lawsuit in civil court. This lawsuit should provide evidence of the creditor’s violation of the collection defense law and seek compensatory damages, including attorney’s fees, court costs, and any other losses related to the creditor’s violation. Before you file a collection defense law claim, it is important to seek advice from an attorney who is well-versed in West Virginia collection defense law. An attorney can help you craft a strong request to the creditor, file a lawsuit if necessary, and help maximize the chances of success in your claim.

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