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Based on the Fair Debt Collection Practices Act (FDCPA), the following steps must be completed by the first-party (lender) or third-party collector prior to initiating legal action:

* Validate the debt (within five days after the first contact with alleged debtor) through a written notice which contains the amount, the creditor to whom the debt is owed, 30-day dispute statement, ability to request validation from creditor statement, original creditor request statement

* If after thirty days go by without any contact from the alleged debtor, the collector is allowed to initiate legal action, typically with a letter that indicates that the customer did not take advantage of the 30-day dispute period and the collector is now taking them to court

As an aside, the lack of a response from a consumer during the thirty day period does not constitute acceptance of the debt from a legal standpoint.

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Q: What constitutes initiation of a legal action by a lawyer collecting for a credit card company or buyer of delinquent accounts?
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