Legal Question in Credit and Debt Law in Tennessee

Failing to make an attempt to collect debt

I received a letter from a collections agency concerning a debt, yet I never received a statement or notification of any kind from the cable company that was named in the letter. This debt dates back to 2003. I have contacted the cable company and no one seems to know what is going on. They stated that they had my forwarding address on file but did not know why I was never sent a statement. Do they not have to make an attempt to collect a debt before turning it over to a collection agency. What are my rights? Thank you


Asked on 10/31/06, 9:34 am

2 Answers from Attorneys
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: Failing to make an attempt to collect debt

This sounds like a violation of the Fair Debt Collections Practices Act. For $100, I can prepare a response for you to file in Court if you are ever sued on this debt.

http://michaelguth.com/prose.htm

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Answered on 10/31/06, 10:10 am
Robert Rexrode Gardiner & Associates

Re: Failing to make an attempt to collect debt

It sounds like the original creditor assigned or sold it to a third party collector, which they can do without attempting to collect from you first.

Your rights are largely governed by the Fair Debt Collection Practices Act, which you can read about at: www.fair-debt-collection.com. (I do not endorse this site nor make any representations about it, btw).

What county of Tennessee are you in?

Thanks,

Bob

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Answered on 10/31/06, 11:02 am


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