Anyone familiar with debt collection law?

CloudyHazeD said:
Haha...

They mailed me a letter back.

Their letter is only one sentence long. Simply says " Please call us so we can discuss how to best remedy this matter."

Ummm. No.

They are getting one last letter back from me simply reiterating the two options that they are afforded via current laws.

Get me proof or fuck off :D

They won't fuck off--they will continue to send you letters asking you to pay for the merchandise you purchased. As far as a collection agency goes, a couple of grand is something they will pursue.

I would once again encourage to check your credit score and a detailed credit report to see if the collection agency has made a claim against you affecting your credit score. This is the most important thing that you should as they won't do it automatically. If they have reported this debt to a credit-reporting agency, you should contact them in writing telling them to remove it while the matter is in dispute.

What about your summons? You should appear--it's a court date. Failure to appear can lead to judgement in their favor.
 
CloudyHazeD said:
Haha...

They mailed me a letter back.

Their letter is only one sentence long. Simply says " Please call us so we can discuss how to best remedy this matter."

Ummm. No.

They are getting one last letter back from me simply reiterating the two options that they are afforded via current laws.

Get me proof or fuck off :D

Did you send your letter registered, with signature required? In other words, have you furnished yourself future proof that you requested validation? Did you send the request for validation within 30 days of them contacting you? If yes, the collection agency has 30 days to provide you with validation, during which time they are prohibited from otherwise contacting you by phone, mail or otherwise, and from reporting on the allegedly bad debt to the credit bureaus/reporting agencies. This is all according to the FDCPA (Fair Debt Collection Practices Act). If the above conditions are met (on your part), you have further course of action to dispute and subsequently delete any negative entries on your credit record at the credit reporting agencies (Equifax, TransUnion and Experian, if you're in the U.S.). On request of validation, it is in fact the collection agency's duty to notify the credit reporting agencies of the dispute. On your part, you also notify the CRA's of the dispute. Deletion or alternative subsequent action is determined by the collection agency's response to the CRA's requests. In other words, one "request for validation" letter doesn't set you free in most cases; it simply gets the ball rolling. Also, since a summons is involved, I'd call a local lawyer for a free consultation, or better real-world advice.
 
Similar Question

You know how some stores allow you to write checks over the amount of the items? Like you buy gum for $1.07 and the store will let you write a check for $21.07 and give you $20 back? Well, I did this without having the money in my checking account quite a few times over a couple week period.

What I thought happened was this--the bank paid the checks and then charged them off to a collection agency. My account is open a shows a zero balance. I received a bunch of individual letters from a collection agency--one for each bad check. I never paid and recently got letters from two counties telling me I had to pay, which I did (or set up payment plans). Now, the bank is still calling me telling me they have to speak with me and it is very important.

What could they want? Either they paid the checks and now I'm paying the government to pay them back, or they didn't pay and I'm paying the stores themselves. Either way I shouldn't owe them anything, right? I'm never actually home when they call and everytime I've tried to call them back I'm on hold for ten minutes and then get transferred to a general voicemail.

any ideas?
 
Top