Legal Question in Credit and Debt Law in Georgia

You sue them for a violation of the fair debt collection practices act.

Protect yourself from these scum.

Good luck!

First of all you NEVER talk to a creditor by phone. If they are a real creditot they are required to follow up by mail. If the bill is not yours, get a lawyer and not only dispute it but consider suing them for their violation of federal law. If you do owe money (and if you requested a card, even if you never activated it, some do have annual fees, etc), you still need paper records before paying anything.

Real law firms do not call. There are law firms who collect debts and who have debt collection wings or divisions staffed by non-lawyers and they may have called. However, some debt collection agencies are not law firms but sound like law firms and try to impersonate lawyers. If one of these is calling then you need to demand to know what state they are licensed in and the state bar numbers of the principal attorneys.

However, I agree with Attorney Ashman. Don't waste your time speaking to these bozos. You cannot dispute a debt ober the phone so don't waste your breath.

There is a federal law called the Fair Debt Collection Practices Act and regardless of whether its a debt collector or a law firm, they damn well know about it and what it requires. While they do not have to validate a debt over the phone, the law requires that the debt collector send you a written statement about the debt within 5 business days. The law also requires that they validate the debt if you dispute it. In response, they may or not may not validate.

What I would do is see if you get a letter within the next week. If you don't and they call again, write down the number and the name of this alleged law firm. Google and get the address. Send a letter with as much information as you have about the debt and why you dispute it. Send via certified mail, return receipt requested. Keep a copy for you. If they sue without validating, then you have a counterclaim for an FDCPA violation. Get a lawyer if you are sued because the FDCPA lets you recover counsel fees as well as damages - which would probably be enough here to wipe out the debt.

As for your question about how a debt could get bigger, this could have been one of those cards with application fees as noted by Attorney Ashman. If that is the case, regardless of whether you activated, the fees would be owed and would accrue interest since the debt was not paid. However, I would have to see the paperwork to know what this is for and how it was calculated.