Legal Question in Credit and Debt Law in Arkansas
Collection Agency Practices
I am being harassed by a collection agency claiming they work for a wireless company and we owe the wireless company $1000 for a breach of contract penalty, etc. When I requested a copy of the contract from the collection agency, they said they couldn't provide us with one as they were not 'customer service'. Is this standard practice? Shouldn't the agency wanting us to pay them money have the needed papers to prove such? They are also threatening to take us to court so they must have copies of the papers. The 1-800 number they gave me also does not match the agency's offical 1-800 number. Could this possibility be fraud?
2 Answers from Attorneys
Re: Collection Agency Practices
It could be fraud. Most likely it is the bullying tactics of debt collectors. Under the FDCPA, if you ask IN WRITING within 30 days, they have to provide you with copies.
Re: Collection Agency Practices
Have you received anything in writing from this collection agency? They must provide the documentation to you if you request them to do so. Your request must be in writing for them to have to provide this to you. They have 30 days to provide it for you after they receive your request.
It's hard to know for sure about fraud. This is possibly just a collection agency's attempt to collect money from you. They can seem rather aggressive.
What type of work do you do? The thing to watch out for is to not let them start garnishing your wages. That depends on what type of debt this is and what type of employment you have.
One thing I would strongly suggest you do is to do something. If you completely ignore them, if they are legitimate, they may go to court and get a jdugment against you. If you deal with them, you have a better chance of avoiding that, and finding out if they are legitimate and whether you owe any money.
You may want to contact an attorney in your area to discuss this further and possibly write a letter for you or even represent you, if this goes further. I offer free initial consultations, if you are in the central AR area. I don't know where you are writing from but would be glad to try to help.