Legal Question in Credit and Debt Law in New York

Re: Not my debt!

Send a certified letter to the collection firm, stating your position and await a reply. If none is forthcoming, their next option is to file a legal action to collect the amount claimed. Your defense if an action is filed against you is that the bill is not yours. Make sure that you can support your position with proof!

Re: Not my debt!

The Fair Debt Collection Practices Act ("FDCPA"), a federal law, provides much protection to someone in your position. In the first instance, the collection letter sent to you must comport with various requirements, including the requirement that it cannot be misleading. In the event that the collection agency's letter fails to follow these rather strict requirements, you can sue the collection agency and receive up to $2,000 plus any actual damages you may have. The collection agency will also be required to pay your attorney's fees, if you are successful in your suit.

The FDCPA also provides you with the right to contest any inaccuracies contained in a collection letter. In order to do so, however, you must respond in writing within 30 days of receipt of the letter. I also recommend sending the letter via certified mail.

Upon receipt of the letter, the collection agency must provide to you back up documentation indicating that the debt is actually yours. They must do so w/in 30 days of receipt of your letter. If they do not provide you with this information w/in 30 days, they cannot procede with collection of the purported debt.

If they do provide you with the information, you can determine whether the debt is actually yours. If not, you will have a valid defense to any collection efforts.

-- Kenneth J. Ashman

Ashman & Griffin, LLC