Legal Question in Credit and Debt Law in New York

Enforcing the Fair Debt Collection Act against a violating agency

I do believe that an agency that has filed court papers against me has violated the FDCA and I would like to know exactly how I should proceed to ensure that this act is enforced against this agency.

So far, I have submitted my answer to the county clerk which clearly states that the agency is at fault and has not properly contacted me about this debt and has purposefully mislead me to believe that I did not have to even entertain the thought of this debt at this time. As a matter of fact, I stated to the agency that I did not believe that this was a valid debt. I have doubted this debts validity from the start and I have since asked for proof and have not been provided with any. This was two years ago.

I have also issued a complaint with the Fair Trade Commission (online submission of complaint) against this agency. I hope to be contacted with a response from them soon. Is there anyone else I should contact against this agency? What exactly can I expect the FTC to do about my situation? How can I collect on damages against me? How should I properly express this situation to the judge/arbitrator? How do I protect myself and exercise my rights?

Thank you for any advice you can provide.


Asked on 9/04/05, 7:11 am

1 Answer from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Enforcing the Fair Debt Collection Act against a violating agency

They need not contact you before suing. That is not a valid defense. A valid defense is that you do not owe the debt, that you were not served properly, or that that amount owed is incorrect.

Good Luck.

RRG

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Answered on 9/04/05, 5:54 pm


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