Legal Question in Credit and Debt Law in Maryland

cease collection

I received a collection notice from an agency, I have never received the credit card or used the card ever. I sent letter to cease all comunication, until the debt was validated. I never recevied the validation but received another call from another agency. Do I have send them another letter to stop collection & what can I do if the second agency gives the account to another agency. Does this cycle continue or is there some law in FDCPA that prohibits this kind of pratice to pass the buck on the next agency.


Asked on 5/27/04, 9:41 pm

2 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: cease collection

If you provided a letter in protest of the debt and it has not been shown to be valid and no process has been instituted in court to collect then the creditor cannot continue to contact you to collect. Remedies lie in the Fair Debt Collection Practices Act and other bases. Contact an attorney.

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Answered on 5/27/04, 11:42 pm
Michael Worsham Michael C. Worsham, Esq.

Re: cease collection

You will have to write another letter to the second debt collector which has now contacted you. Your first letter requires the debt collector it was addressed to to stop contacting you. It sounds like you have a claim against the first collector for failing to validate under section 1692g of the FDCPA. The FDCPA has a one year statute of limitations.

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Answered on 5/28/04, 10:58 am


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