Legal Question in Credit and Debt Law in California
self-employed & not covered by FDCA
I am currently being harassed by a collection agency for a debt which I incurred 2 years ago. The company that I incurred the debt with made an error and double billed me. I sent the agency a letter disputing the bill and asked them to contact me by telephone only as there agent is very aggressive. They say I am not covered by the fair debt collection act, refuse to investigate my claim (although I did sent them documentation and reciepts) and they leave very detailed messages on a shared voice mail which they were asked not to. What can I do?
1 Answer from Attorneys
Re: self-employed & not covered by FDCA
1. The Fair Debt Collection Practices Act covers them,
not you. If they have violated its provisions, it
doesn't matter whether you are self-employed. Based
on your description, you may have a valid claim
against the collection agency for violations under the Act
and its State law equivalents.
2. If you ignore the collection agency, the only
thing it can do is sue you, in which case you'd get
a chance to put on your defense. They often won't bother
to sue you and will, simply, go away.
You should consult with an attorney.
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