Legal Question in Credit and Debt Law in New York

collection

I recently was contacted by a collection agency. They informed me they were calling to collect $600 that an auto leasing company said I never paid from two years ago. I told them they were mistaken and faxed them a copy of a letter from the leasing company acknowledging that the ''account has been satisfied and your liability to our company has, hereby, been released.'' I then received a follow-up call saying the letter was sent in error, that the check I sent bounced. I then asked for a photocopy of the check and they said they wouldn't do that. What are my rights here ? Is this just a case of a collection agency going to any length trying to collect based on bad info ? They were extremely rude !


Asked on 11/20/03, 10:57 am

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: collection

Send a COPY of the letter you got from the creditor (advising you the balance is zero) to the agency by certified mail return receipt requested. Include a letter of your own demanding they either prove the debt exists or to send YOU a letter acknowledging the debt is paid. Refer them to the FEDERAL FAIR DEBT COLLECTIONS PRACTICES ACT and say that under the act, now that they have the letter from the actual creditor, they have the obligation of proving the debt to you OR THEY CANNOT CONTACT YOU AGAIN. IF THEY DO, YOU INTEND TO SUE THEM UNDER THAT ACT...If they persist, contact the BAR association in your area and ask for a referral to an attorney who is expert in the FFDCPA and have him commence a proceeding...you get $1000 if the court finds cause and your attorney gets attorney fees...not too shabby. I've done that myself...

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Answered on 11/20/03, 11:33 am


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