Legal Question in Credit and Debt Law in New York

How can I resolve a claim with a collection agency that is unwilling to do so?

It has been over two years since I transferred out of the College in question. Since that time, I have had the College and a collection agency pursue me for an "outstanding debt." As it turned out, this debt was a result of errors that were made by College Officials. I have numerous documentation showing the College Officials to be at fault and soley responsible for the balance. I have sent copies of these documents to both the College and collection agency on many occassions. However, they seem to ignore these documents and still demand payment. I plan on applying to grad. school this fall but can't get the College to release my transcripts. So far, the College has provided no evidence to support their claim. I can't wait for the statute of limitations to run out and it seems like both the agency and College want to drag this on for a while. What can I do to resolve this matter as soon as possible? Is legal action the only way to get their attention?


Asked on 7/24/00, 9:47 am

1 Answer from Attorneys
David Wright Law Offices of David Wright

Re: How can I resolve a claim with a collection agency that is unwilling to do s

Under federal law, when a creditor sends you a collection letter, at least initially, they have to notify you you have the right to dispute it and to send them documentation. Otherwise they are liable for damages and attorneys fes under the Fair Debt Collection Practices Act.

The question is, if you send them documentation and the creditor (college) still disagrees and says you owe them money . . . probably yes, a lawsuit is the recourse. Of course, first a "lawyers letter" trying to resolve it is always the best first step.

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Answered on 9/19/00, 8:01 am


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