Legal Question in Credit and Debt Law in Indiana

Hassle from collection agency

I bought a computer in '98 using the store ''free interest until...''. Payments were made sporadically, but payed. I made a large payment a few months just before end of the ''free interest'' period. This is the payment in question. I made final payment a couple months later (within free timeframe). I've kept records regarding when/who I spoke with including basic conversation.

I've been fighting this since 2000 now. I've faxed the cancelled check, which by the way I payed in October 19th and the check didn't clear the bank until December 17th. (Of note, during time of payment, the bank with whom I originally got the loan sold my account to another company.)

This has been sent to a couple different collection agencies which as now added original interest and continues to build. I've faxed...SEVERAL times all the information I have regarding who I spoke with, when I called, cancelled check, and even the confirmation fax receipts.

I'm extremely exhausted and frustrated! PLEASE tell me what I need to do.


Asked on 4/04/02, 12:16 pm

1 Answer from Attorneys
John Cook Dunn & Cook

Re: Hassle from collection agency

If what you say is true, then the collection agencies have violated the Fair Debt Collections Practices Act (FDCPA), which outlines certain things that collection companies can and cannot do. If you have notified them that you dispute the bill, and they have not responded with something other than a repeat dunning letter, then they have not complied with the FDCPA. What's nice about the FDCPA is that the statute provides the injured party (you) with $1,000 in statutory damages without the injured party having to prove any injury. In addition, the collection agency has to pay the injured party's attorneys fees.

However, if the creditor is the one who has been hassling you, your remedies are quite limited as the FDCPA does not apply to the actual creditor that you bought or financed the product from. It also does not apply to non-consumer goods or services. In any event, find an attorney who does FDCPA law, and he/she will be able to analyze your case to see if you have a claim.

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Answered on 4/04/02, 4:58 pm


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