Legal Question in Credit and Debt Law in New Jersey

How do you get information out of a collection agency?

I had a credit card in which I thought I had paid off in 2000. I had not received any notices for payment from the credit card company or any debt collector since the bill had been paid. (I can not find proof of payment since it was so long ago) I now received a letter from an attorny saying I owe this bill and if not paid that they will need to take further legal action - threating jail time and huge fines. I am asking for history on the account and proof of some sort they say they have nothing and are not obligated to provide me. They credit card company says they have nothing since my account was sold. My belief is that I paid the first collections agency and somehow it fell through they cracks - I don't know what to do from here to find out who I paid since it was so long ago. Are they obligated to give me any information - all they tell me is that they have no proof that I don't owe it and I should pay it. What can I do if I believe that I did pay it - how do I get answers on where the account has been?


Asked on 9/29/03, 11:39 am

1 Answer from Attorneys
Glen Chulsky Law Office of Glen H. Chulsky

Re: How do you get information out of a collection agency?

The lawyer/debt collector's conduct is governed by a Federal Law called the Fair Debt Collection Practices Act. You have 30 days from receiving the initial collection letter to dispute and request verification of the debt. Once you do that, then he is obligated to provide verification of the debt. If the lawyer/debt collector threatened you with jail time, then he violated the Act. If he has violated the Act, then you are entitled to up to $1,000 in statutory damages, any actual damages and he pays your attorney's fees. You should consult a lawyer experienced in handling this type of matter immediately to protect your rights. If you need additional info, feel free to call me at 973-659-9045.

www.njconsumerfraudlawyers.com

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Answered on 10/04/03, 8:19 am


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