Legal Question in Credit and Debt Law in New York

Debt Verification and Judgment

After speaking with a collection agency's attorneys, they instructed me to send them a verification letter and they would send me info on the alleged debt. I did so on July 15, 2002. I didn't hear anything from the attorneys until January 11, 2003. The response was a judgment against me on November 27, 2002 and lien placed on my bank accounts on January 8, 2003. Before January, I was never served in person, by certified or regular mail so I could defend myself but I have proof that I asked for verification of the debt first. According to the NYS Attorney General website, no action was to be taken until verification. What is my legal recourse?


Asked on 1/19/03, 9:27 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Debt Verification and Judgment

If you have a valid defense to the debt you can seek to vacate the judgment due to lack of service of process. If you have no defense, pay it off.

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Answered on 1/19/03, 11:27 pm
Michael Markowitz Michael A. Markowitz, PC

Re: Debt Verification and Judgment

The debt and the method of collection are independent of each other. In other words, you still owe the debt.

However, under the Federal Debt Collection Practices Act, if a debt collector acted in an inappropriate manner you can commence an action in Federal Court seeking statutory damages.

Mike.

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Answered on 1/20/03, 8:46 am


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