Legal Question in Credit and Debt Law in Pennsylvania

I have received a letter from a Law Office stating that I may owe an outstanding debt. I refinanced two years ago and paid any debt that was legal and listed on my credit report. I have no record of the company or original creditor. Should I respond to this letter?


Asked on 3/03/12, 8:27 am

2 Answers from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

Yes. You should send them a certified letter requesting "validation" of the debt, and specifically request when and to whom the debt was incurred, how the amount alleged to be due was calculated, and copies of any documents verifying the debt. They cannot continue collection efforts until this information is proceeded.

This is the first step in proceeding under the Federal Fair Debt Collection Practices Act. If they have acted wrongfully in their attempts to collect the debt, or if the debt is not yours, yo can bring a lawsuit in any court under the Act and be awarded up to $1,000 in damages. You must first send the "validation letter".

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Answered on 3/03/12, 8:48 am

Absolutely. You need to respond as noted but before you do, you need to think about this very carefully. What debt are they claiming for? For whom, a junk debt buyer or original creditor? If the debt has been sold, does the letter indicate who the original creditor was? Is it a debt that you already paid? If so, did you pay in full or settle? Do you have a settlement letter from them acknowledging your payment or a copy of a cancelled check?

Is this a debt that is your debt but which may not have been on your credit? If the original creditor and account number are not listed, then you need to request this information as well. If this is your debt, is it barred by the statute of limitations? If not, how do you want to resolve it?

Really, you ought to have this reviewed by an attorney before you make a response.

If you want me to respond on your behalf I would be happy to do so for a reasonable fee. I will also give free email consults and charge $50 for a 30 minute phone consult. Please contact me at rachelforjustice@hotmail,com if interested.

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Answered on 3/04/12, 1:35 pm


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