Legal Question in Credit and Debt Law in Florida

credit r, debt and collection laws

I recently requested debt validation with a collection agency. It has been about 2 months now and they keek giving me the run around. They sent me a letter supposedly with the amount of money that I owed but have not given me a substantial answer just another letter saying that the need several weeks more to get the responce from the original credetor. To me they are stalling. What can be done they failed to respond within the 30 day period that the FCRA states. What choice do I have to remedy this situation


Asked on 7/12/09, 9:06 am

1 Answer from Attorneys
Angelo Marino Angelo Marino Jr. PA

Re: credit r, debt and collection laws

There are at least four issues here: First, did the collection agency do a resonable investigation; second, what happens if they did not; third, what happens if they file suit after reporting to you; forth, what can they do if they do not report to you? All of this of course depends on whether you send the verification notice within 5 days.

First and second points: after your verification letter, the collection agency must do a reasonable investigation to validate your debt. If they do not and they file suit, you have a claim for damages. If they correctly respond to your validation letter, they can file suit. Forth, this is a confusing area of the law. Some courts have held that they cannot file suit until they report to you; however, there is some misguided evidence that they could file suit. This last point would seem to go against the intent of the statute.

see ConsumerLawyerHelp.com

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Answered on 7/12/09, 1:42 pm


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