Can a collection agency denying me a documentation on my balance and can they take my account to court once I started making payments?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a collection agency denying me a documentation on my balance and can they take my account to court once I started making payments?

I have made several requests to see a running balance on my account to see the interest being added and how drastically it is affecting my account. This is a judgement case that went to a collection agency because I had lost contact with the landlord to make payments. When contacted on this account, I was eager to pay this balance owed. Now, I have a rep at the agency calling me demanding I pay more when no agreement of payments had been made and threatening to take the account back to court when I have made 3 years of monthly payments in good faith. I feel that something is wrong with this.

Asked on April 23, 2012 under Bankruptcy Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

So you were already in court and there was a judgement and now they are collecting on it? Familiarize you with the Fair Debt Collection Practices Act (FDCPA). Collection agencies are required to send you a statement regarding debt validation. Debt validation is where you try to find out whether the collection agency has the legal right to collect on the debt by asking them to provide you with proof.

The FDCPA gives you the right to seek validation from a collection agency and not the original creditor. The FDCPA does not govern collection practices of the original creditor. Collectors are required to send you a debt validation notice within 5 days of contacting you to collect a debt. The notice informs you that you have the right to validate/dispute the debt within 30 days of receiving the letter. If you don't dispute the debt (or request validation of the debt) within the 30-day period, the collector has the legal right to assume that you agree the debt is valid.  But here is what I want you to do.  Send a letter to the agency by certified mail return receipt requested asking for the validation of the debt, including, but not limited to, a copy of the priginal document evidencing the debt, a copy of all payments made and credits to the account and a copy of their right to collect on the debt (did they purhcase the debt or is there an assignment of the debt by the original creditor).  

Report them to the state attorney general's office as well.  ANd you should consider seeking legal help here.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption