Debt collector/ law firm question?
[deleted]
Posted Jan 12, 2019, 12:34 PM UTC
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Yes very possible on a high interest credit card but I wouldn't trust them. I'd call the credit card company first as they're more legit
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It's likely that balance includes a nice big collections fee which is why they don't want to send you any paperwork despite it being illegal. Get a copy of your credit report and send a debt verification letter to whomever is listed under the collection.
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[deleted]
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They can sue for court fees and reasonable attorney fees. My guess is you will likely receive a letter next but you may get a court summons. Don't panic, you can always attempt to settle with them at this point.
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Get in touch with your county or state bar association's debtor/creditor law section, and get some referrals to attorneys who specialize in Fair Debt Collection Practices Act work. They're usually a pretty helpful lot because the FDCPA (and sometimes analogous state laws) provide that a lender (or collection agency, lawyer, or other agent on behalf of a debt holder) who runs afoul of collections laws may be liable for the debtor's costs and attorneys' fees or sanctions above and beyond that, depending on the circumstances.
It's certainly possible you have some old debt out there that has, through fees and interests, piled up. But what you're describing about the communications you've received about settling it doesn't pass the smell test. Get a consult with someone who specializes in this -- the laws governing collectors are hyper-technical and easy to violate, even mistakenly. They'll at least be able to give you a sense of what your options are and, if further legal advice might be appropriate, whether there is an avenue to force the collector to pay for those costs if you prevail.
Edit: Also, how old is this debt? Is the credit line still open? When did you default on payment and when is the last time you made payment or acknowledge to the lender that you did in fact owe the debt?
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[deleted]
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Under the Fair Debt Collections Practice Act they are required to send you a written notice of the debt among other requirements. (Assuming you’re in the U.S.)
I would not negotiate or deal with the collection agency/law firm unless they are willing to do so in writing. And even then, I’d only communicate in writing so you have a complete paper trail of everything both side is saying.
[deleted]
They can certainly still file a lawsuit against you and try to get a judgment. They would be required to serve you with the lawsuit so you’d know if they do. You may have defenses against the lawsuit, or counterclaims for violations of the FDCPA.
Take a look here: https://www.consumer.ftc.gov/articles/debt-collection-faqs
Or there should be a FAQ in this sub or /rlegaladvice about the FDCPA
Yes, but as noted by u/theyahz, they would have to file suit and get a judgment. And to get a judgment, even a default judgment if you fail to respond, they will (should) have to file the same documentation they're currently withholding as part of the suit, and serve those papers on you.
One way or the other, they're going to have to present you with the documentation or written testimony supporting their claim for payment. But they don't have to do so before filing suit for judgment.
[deleted]
As I indicated in a separate comment below, I would get some referrals to local lawyers who specialize in representing debtors in FDCPA matters. Most are willing to do an initial consultation to figure out whether or not there are any potential legal issues with the debt or its collection and give you some options what you can do, whether with formal legal representation or on your own.
In the meantime, decline to settle, acknowledge, or pay a debt for which the collector is unwilling to provide sufficient detail for you to even determine whether the debt is even facially valid or owed by you.