UPDATE: MEETING WITH ATTORNEY RE DEBT COLLECTION

[Yavin4]

As I posted yesterday, I received a summons about a credit card debt that I never had. When I got the original letter from the collection agents back in October of last year, I disputed it and asked for verification within 30 days, and over the next six months, I got nothing from them until the summons yesterday. I then sent two additional letters asking for verification, and I got nothing. I sent every letter certified mail.

So today I talked to an attorney, and he basically said that the Fair Debt Collection Protection Act (FDCPA) does not prevent them from proceeding with the lawsuit even though the law says that it should when they do not proffer verification. All that will happen to them is that they will be fined.

He believes that it may be tied to some older debts that I had years ago, and they are trying to get around the statute of limitations. My point was that no evidence has been proffered to prove this, and I refuse to settle without any documentation. More than likely, he said that the complaint and answer will sit on the books for a year, and then they will dismiss the suit.

So, no the FDCPA does nothing to protect from fraudulent claims.

[Dangerously Amused]

1. So what are you going to do? Wait them out?

[Yavin4]

2. I Engaged The Attorney

He's filing an Answer to the summons, and he will call the debt collectors to ask them for documentation.

If they don't proffer evidence, on my own, I will file a complaint with the NY State Attorney General's office, the NY State Bar Association, and the FTC against them.

[Dangerously Amused]

3. Good. I hope that settles it and they fold right away.

[mdmc]

5. Spitzer will shut them up good

peace.

[dolo amber]

4. Wow, what a pile of crap!

Sorry to hear this...I hope you get it sorted. :(

[flvegan]

6. Every single consumer carrying a balance should take heed

of what you're saying.

Hope it works out for the best for you.

[Yavin4]

8. You Really Have To Monitor Your Credit Reports

Anyone can file a claim at any time without a single shred of evidence to back up their claim.

[Hugin]

7. I could see this kind of junk coming when they passed the bankruptcy stuff

I'm just sorry it has happened to you.