Legal Question in Credit and Debt Law in California
Collection agency fraud
I entered into a settlement agreement with a collection agency for two accounts with a single creditor. I sent payment as agreed, within the time agreed but attempts to obtain verification from the collection agency have all been frustrating. It appears now that the agency was not actually acting on behalf of the creditor, but merely presented itself that way, and accepted payment on the creditor's behalf without actually having a business relationship with that creditor. What can I do?
3 Answers from Attorneys
Re: Collection agency fraud
you can sue them to get the money back
Re: Collection agency fraud
You named it ...fraud. Such an action allows punitive damages which may far exceed the actual damages.
Re: Collection agency fraud
You can sue them on a variety of theories, and you may want to visit the Federal Trade Commission's web site at www.ftc.gov to learn how you can file a complaint against the collection agency with the FTC. Finally, you should probably contact the original creditor and let them know that someone is representing that they are acting as the creditor's agent without the creditor's authority.
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