Legal Question in Credit and Debt Law in New York

Re: Statute of Limitations for money due...

Under the federal Fair Debt Collections Practices Act ("FDCPA"), you have the right to obtain verification of the debt, including a copy of any judgment issued against you. In order to exercise your rights in this regard, you must dispute the validity of the debt in writing and request its verification within 30 days after receipt of the collection letter. I suggest that any writing you send to the collection agency disputing the validity of the debt be sent via certified mail with return receipt requested.

Also, the collection letter should state exactly what I told you about above, i.e., it has to state that you have 30 days within which to dispute the validity of the debt in writing. If the collection letter does not contain this language, the collection agency is in violation of the statute. Further, collection agencies must be very careful in writing collection letters because the FDCPA is quite strict in ensuring that such letters comply with the law. If the collection letter is deficient, you would be entitled to receive $1000 in a successful lawsuit against the collection agency, and, if the problem exists in all of its standard form collection letters, you could represent a class of persons who received such deficient letters.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]

Re: Statute of Limitations for money due...

Sometimes bill collectors keep harassing individuals even after the matters are resolved. You can actually sue them for harassment. Do you know the name of the individual you spoke to at the gym?

You can call me for additional questions at 201-646-9600.

Savy Grant

Attorney at Law