Legal Question in Credit and Debt Law in Tennessee

Possible Violation of Fair Debt Collection Practices Act

We received a call this morning from an attorney�s office regarding a past due credit card account. We were not aware that we owed anything on this account, as we have not received any correspondence or phone calls for at least 6 months (although the representative who contacted us says they have mailed several, I get the mail and I have not received any of them).They told us that we have to pay them $845 today, or they will litigate the matter. They were unwilling to work out any payment arrangements, and stated that ''It's a shame that they don't have debtor's prison any more�.

Now, here is my question. As I read the Fair Debt Collection Practices Act, it says I have 30 days to notify the collector in writing that I dispute the debt, and they must cease collection efforts until they provide me with verification of the debt. However, the person I spoke with refused to give me their mailing address, stating that they do not accept regular correspondence. She also said I was not entitled to an itemization to explain the debt. So, how can I verify my debt and/or dispute it if they will not provide me with a mailing address? Do I pay a debt I didn't know I have just because someone calls me and says to pay them or they'll sue?


Asked on 1/19/04, 11:39 am

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Possible Violation of Fair Debt Collection Practices Act

You have the right to dispute the debt in writing, but there is nothing in the FDCPA that prohibits an attorney acting on the creditor's behalf from filing a collection action against you prior to your written dispute of the debt.

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Answered on 1/19/04, 11:49 am


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