Legal Question in Credit and Debt Law in California

Validation of Debt / Fair Debt Collection Act

Hi, fellow attorney here, but not my area of the law. Received 2 voicemails from debt collection company (they didn't identify themselves as such, but I Googled the phone number, and found that they are one of the worst debt collectors out there, consistent violators of the law, with a terrible BBB report, a past action by the IL state atty gen against them). To me, this is the initial communication. They subseqently, more than five days have passed I should mention, have not sent me anything. So, have they blown it, and if there ever was a legit debt, they cannot collect now? What if they don't have my correct address and did send a notice somewhere (i have a forwarding order on file with the USPS for my former address). I should also note to my knowledge, aside from a mortgage, I am debt free and have perfect credit, so this debt is suspicious at best.


Asked on 5/19/06, 6:36 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Validation of Debt / Fair Debt Collection Act

Failing to observe the provisions of the Fair Debt Collection Practices Act (FDCPA) does not invalidate the alleged debt. It does, however, subject the collection agency to some fairly substantial penalties for noncompliance that can even include emotional distress damages and recover of legal fees.

Some of these entities do scrape the bottom of the barrell. Even though you did not receive a valiation letter, I would be proactive about this to avoid damage to your credit. You can get a sample FDCPA dispute letter off the internet you can contact my office for a sample. I would send it certified mail. Then I would go annualcreditreport.com and get a free copy of your report from all 3 agencies and dispute any inaccurate entries in writing.

If you really want to have some fun, take them to small claims court. One time, I got a collection call on Mother's Day over a disputed debt after I had sent "do not contact me" letter. I got a $1000 settlement and the alleged debt was only $300.

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Answered on 5/19/06, 6:53 pm


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