Legal Question in Credit and Debt Law in Georgia

I was contacted by a collection agency concerning an account. they refused to send me written documentation concerning the account and I told them that until I get something in writing to verify the account and the amount owed I will not do business with them. Two weeks ago I was contacted by another collection agency that send me a letter explaining the debt and I agreed with it and I am now paying them. I informed the first company that the account has gone to another agency and I am paying the debt they refuse to accept this and threaten to send the account to the credit bureau. They have several complaints filed with the BBB and the address they list is not valid and the California Attorney General's Office. What rights do I have in this matter?


Asked on 7/16/15, 1:49 pm

1 Answer from Attorneys

First, you do not TELL a collection agency anything. Phone calls do not happen and the collection agency is under no obligation to send you anything about the debt. The proper way to handle this is that within 5 business days, the debt collection agency must send you a letter about the debt. When you get the letter, if you wish to dispute the debt or any portion thereof, you send a written letter to the debt collection agency and ask for verification of the debt.

I am not sure what is going on. The account can go to a new debt collector but I do not understand why the old collector is trying to collect on an account. I assume that since you are paying, you had the foresight to get a letter outlining the terms of your repayment agreement, didn't you? Who is the debt collector? Its easy to get their address. There are ways other than the BBB. What does the California Attorney General have to do with this if you are in Georgia? Its not relevant.

If you find out who is trying to collect, you can find their address. You can then write to them and advise that you have entered into a repayment arrangement with another company and send the debt collector a copy of your collection letter and repayment agreement with the second debt collector. I would ask that they cease all further collection efforts and advise them that if they report this on your credit that you will sue them under the Fair Credit Reporting Act. I hope they do! So then you can sue them and they will be paying your attorney's fees.

Remember this - debt collectors LIE! All the time. Debt collectors may or may not report debts. And if they do then the way to challenge is under the Fair Credit Reporting Act. There is a specific process that you have to follow though before you can sue. If you take the steps outlined to send them a letter, this will probably go no farther, especially if you write to their compliance officer or legal counsel. Better yet, have a lawyer send them a letter. That will make them think twice.

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Answered on 7/17/15, 11:26 pm


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