Legal Question in Credit and Debt Law in Florida

Balance Disputes

I had an account with a collection agency, made a settlement agreement and have complied with that agreement, my account was sold to another coll. agency and although I have statements showing balance of 2175.00 the new agency is insisting on my owing the full 6645.00. I original agency stated that I should send the new agency a copy of my last statement so they could correct my balance which I have done three times, however they refuse to talk to me or put in writing anything reguarding the fact that I have a statement showing a balance due of 2175 rather than the 6645. The reply letter I received did not address the issue at all. Can I force the new collection agency to continue with the 2175 as the original agency continues to tell me that they have no choice but to honor the last statement balance I have and have offered to confirm the balance due of 2175 to the new coll. agency.


Asked on 7/05/00, 11:59 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Balance Disputes

I suggest you seek the assistance of competent counsel. If you have the evidence of the settlement and you complied with it, then the new agency is demanding and seeking a sum greater than which is due. Such a position is a violation of the Fair Debt Collection Practices Act. Your rights need be protected. Asserting those rights will not necessarily affect the balance you admit owing. Note, atty fees are recoverable under the Act, this will make finding an atty easier.

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Answered on 9/07/00, 8:03 pm


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