Legal Question in Credit and Debt Law in Florida
Contacted by 3rd party Collection Agency
I had a payday loan from cash-net usa in July 2008, The automatic bank draft to repay bounced. The account was turned over to DMP and then to Eastern Financial Mgmt in the Buffalo, NY Area.
Someone From Cambridge, Huxley & Assoc. Called and threatened a petition if I did not pay. I made arrangements.
They said the credit card was declined and the bank draft came up insf. But they was money in the account. I was making an attempt to pay.
I could not find cambridge, huxley listed anywhere and when I called Eastern Financial, they did not have me in their system. When I asked the Rep if Cambridge huxley rang a bell, He instantly hung up on me.
I started doing research after concenting on the phone to send a money order for payment. I did not send it though.
I did find postings on 800notes that they are using unfair business practices. The Phone numbers from Cambridge are 866-376-4180 and 866-878-8873 and for eastern is 888-754-0040. Are these people Collectors who are posing as lawyers? What shall I do? BTW I am in Florida, they are in New York.
2 Answers from Attorneys
Re: Contacted by 3rd party Collection Agency
Until you see something in writing I wouldn't pay anything.
Re: Contacted by 3rd party Collection Agency
First things first, never pay a debt just because someone sends you a letter. Always request some documentation from the original creditor. It is possible for fraudsters to pose as collection agencies. Once they have obtained your bank or credit card information, they are off to the races.
Second, all companies involved in the collection of consumer debts in Florida must have a Consumer Collection Agency License (even if they are physically located out of state). You can contact the Department of Financial Services at www.MyFlorida.com to verify the license. The only people who are exempt from licensing are attorneys. However, attorneys are all licensed through the highest Court of the state in which they are located. In Florida, that website is www.FlaBar.org. I am not sure what the court website for New York is, but you should search for the New York State Court of Appeals (which is New York's highest state court).
Even assuming, though, that they are a legit collection agency, you should still require validation under FDCPA before making any payment.
For additional information about debtor's rights and links to state websites, you can go to our website at www.LaBellaLaw.com.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
