Legal Question in Credit and Debt Law in New York

Affidavit of Debt ( Buyer )

Hi,

I sent a Validation of Debt letter to a company that purchased an old debt. They sent me a paper called an Affidavit of Debt (Buyer). All it says is that the person signing it, affirms that there is a claim for $5000 against me. Is this valid? And does it mean they are preparing to sue me? I thank you for your help.


Asked on 9/29/04, 3:02 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

Re: Affidavit of Debt ( Buyer )

DO NOT SIGN THE PAPERS!!!

DO NOT SIGN THE PAPERS!!!

DO NOT SIGN THE PAPERS!!!

DO NOT SIGN THE PAPERS!!!

It sure looks like the statute of limitations has expired and these bottom feeders are trying to get you to acknowledge the debt, which re-starts the statute of limitations. Or maybe they lost their proof of debt and cannot sue because they have no case...unless you hand it to them.

Were I pretending to be Karnak the Magnificent, I would also predict that the letter does not contain the legend "This letter is an attempt to collect a debt. Any information received will be used to collect the debt." Or something like that.

This means you can sue. This whole scam appears to be a violation of the Federal Fair Debt Collection Practices Act. Your award will include attorney's fees, which likely will exceed the amount of your claim. Call the County Bar Association for a referral. If I were still practicing neighborhood law, I would sign your case up in a heartbeat: it's money in the bank for the lawyer, and THAT should get the attention of the lawyer.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.

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Answered on 9/29/04, 9:17 am


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