Legal Question in Consumer Law in Florida

Suing a collection agency out of state

I live in Florida, the creditor is located in another county. Collection agency Atlanta Ga. Ref:Apt rental, moved out in October 2006. Found on my credit report (all three) August 2007. They validated the creditor, What i want is where did my deposit go to, why was I never notified, why do I have to pay a termination fee, when nothing is signed by me stating I would have to pay this fee. And then why do I have to pay on top of everthing the month of October of 2006. The collection agency refuses, I wrote a letter immedicately to them for the same request, and I have called, they refuse. What do I do? I might owe some of this bill but I know not all of it. And how my credit be ruined without me notified???


Asked on 11/24/07, 6:42 pm

2 Answers from Attorneys
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: Suing a collection agency out of state

They have a right to report debts. You have a right to proof of the debt under the Fair Credit Debt Collection Practices Act. You might need an attorney to deal with the collection agency and the original creditor to try to resolve this and to get them to remove any negative references on your credit report. If you would like, please call my office for a consultation.

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Answered on 11/25/07, 5:48 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Suing a collection agency out of state

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A creditor is not required to notify you when reporting bad debt to a credit reporting service. Under the Fair Debt Collection Practices Act, you have the right to demand proof of the validity of the debt from the service. If the creditor cannot provide the proof within 30 days of your request, then you can demand that this information is removed from your history.

Scott R. Jay, Esq.

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Answered on 11/26/07, 1:18 am


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