Legal Question in Credit and Debt Law in New York
Fair Debt Collection Practises Act
Is it legal for a debt collector to file court papers when the collector has been notified by certified mail that a debt is in dispute with the original creditor?
809 15 USC (b)
Asked on 10/24/02, 7:23 pm
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: Fair Debt Collection Practises Act
To file a complaint with the Court is just an allegation that money is owed. Ultimately the issue will be decided by a Judge who will issue a Judgment, either for or against you.
Even if you dispute the debt, and filed your dispute with the collection company, the individual or entity that believes money is owed has the right to bring an action in a Court to seek damages based on its belief.
Mike.
Answered on 10/25/02, 7:47 am