Legal Question in Consumer Law in Pennsylvania

If a debt collector attorney shows an alleged amount owed to the plaintiff but fails to show how they estimated that amount; would that be considered a violation of the FDCPA rules? Would that be considered misrepresenting the amount, by hiding the facts?


Asked on 11/01/11, 12:59 pm

1 Answer from Attorneys

In what context was this? An initial "validation" of the debt by the attorney? Or in discovery?

If the debt collector attorney sent you a made up statement in support of validation, then this does not tell you much.. They may be truthful about the debt, but its a statement they made - its not from the original creditor.

I have not checked the caselaw to see if more is required, but the last time I checked, there really was no definition (at least in the statute) as to what constitutes a proper validation of the debt.

I don't understand the rest of your question. Is this for a credit card debt? There is a default interest rate and possibly late fees added to whatever the balance was as of the date of default. That is how the current debt is calculated. The attorney does not have to do the math if this was just a validation and this is not misrepresenting the debt. However, I would need to see what was actually done.

Misrepresenting the debt can be something like a statement suggesting that a lawsuit has been filed when in fact it has not or claiming that a large sum is owed when it in fact is not owed, maybe because the creditor did not give proper credit for payments.

If you want to more specifically discuss this, please contact me at [email protected] if interested.

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Answered on 11/02/11, 10:18 pm


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