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Can I request a debt validation after I made a first payment to Collection Agency
Anonymous3 views2 answers
I had another bill with them and 5 months ago I thought I did a payment to that account. But last week I called them and they said I did make a payment to the account I want to dispute. Now they are threatning with a lawsuit. The amount is $15,000. They were rude and making assumptios and statements that are not true, such as that I have a job when Im unmeployed and interpreting my silence as an affirmation to their statements.
About the lawsuit, they used the words "making me pay involuntary". I just went to their website and they do have attorneys that work for them.
Something that surprisme is that they have not report me to the credit bureau. But they say they did.
Stronly recommend that you share this with the AG's Consumer Protection Division. There are strict rules about what a debt collector can do, and what they cannot. These rules are both Federal and State. They are not supposed to threaten you. If they are out of state, their attorneys cannot sue you unless they are licensed with Washington's Bar.
This is a red flag that you may be dealing with an out of state agency that is not accredited with Washington. You can look them up at the Secretary of State's website.
Best to always communicate with them in writing. That way you have a paper trail of who said what when. Collectors are masters at the art of making you feel one inch tall. Don't allow it. Silence is not an affirmation. You can certainly demand that they provide you with proof of the debt, especially when they are trying to trick you.
Two good websites I recommend are: http://www.budhibbs.com and http://www.pennlawyer.com Both have lots of testimonials and other good information. Thing is, the collector knows that the person in control of the situation is you - not the collector. That is why they try so hard to make you think you are a bad person if you cannot pay your bills. Nonsense. If you cannot pay your bills, go talk to a bankruptcy attorney, file a Ch. 7 and that collector will get absolutely nothing .
Hope this helps. Elizabeth Powell
Let me supplement my colleague's excellent response. In addition to his suggestions, consult with a consumer protection attorney. Unfortunately, verbal statements are readily denied, but that does not mean you would not have a case to pursue.
Don't worry about how they interpret your silence. Such a silence carries NO legal consequence, as you are not required to respond. The Fair Debt Collection Practices Act requires that you be advised that if you do not dispute the debt the collector can assume the claim is valid. That only has consequence under Federal law as to what the collector can and can not think, but it does not carry over to a Court of law.
I hope this response was helpful.
This response is not to be construed as the giving of legal advise; instead it is a general response to a general question. The response shall not be construed as part of a creation of an attorney-client relationship, nor does it create an obligation on the part of the attorney to respond to further inquiry.
