Question:
I live in NC.
I got a call from Collection Agency reg. the Bill sent to me by
appartment office.
I have requested more information (like, Water Bill, proof of the
damage) to Appt.office on
receipt of notice.. but instead of sending me the info, they had
handed over my case to
collection agencies.
I have tried to explain the same to Collection Agency but that guy
instead of listening to
me , he started threatening to report to credit agency saying that
debt is legal and they
are legally not supposed to provide any information to me and he said
that he'd report to
credit agency despsite my repeated request for the information. He
sounded like I had to pay the amount right away
irrespective of weather I agree or not else he'd report to credit
agencies.. and he hung up the phone saying case is over
he'll document and report to credit agencies..
This was the 1st call I have received from them.. I still not
received any written communication from them.
I have following questions.
1) What are my rights under this situation. Can collection agency
report to creditbeuro w/o giving
me opportunity/time to dispute or obtain information?
2) Do I have right to dispute this ? If how do I do that and to whom?
Thanks in advance for your help.
Answer:
See the Fair Debt Collection Practices Act (FDCPA):
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
Particularly note section 809 (Validation of debts), which states that
they have to provide you with certain information (unfortunately, it
doesn't say they have to provide you with receipts or other proof).
Note also that you have 30 days after receipt of that notice to
dispute the debt, and they must then go back to the original creditor
(your landlord) for verification _and send you a written copy_ of that
verification, before they can take any further action.
If you just want them to stop bothering you, you might want to look
section 805(c) "Ceasing Communication", but they can still go to court
(sue you) or report the debt to credit bureaus. But if they can't
support the claimed debt with appropriate documentation (receipts or
other proof of the alleged damage), you can get a lawyer and sue them
for "slander of credit," which can cost them a lot of money.
Also, I'm not sure of the rules in a case like this where the claim is
for damage rather than for a contractual debt. They may not be allowed
to report the alleged debt until it has been reduced to a judgement
(that is, they sue you and win). When they sue you, you can see
copies of the documentation -- in court if they use small claims, in
advance via "discovery" if they use normal court.
If you decide not to pay this, you should probably wait a while, then
use your right to check your credit reports for free (if you haven't
done so in the past year). If this shows up on your credit report,
it would be a good idea to see a lawyer to find out if you have a good
case for slander of credit.
Your best bet is to ask your personal attorney -- the one who handles
routine matters like wills -- to recommend a specialist in consumer
credit abuses. If you don't have a personal attorney, ask your
friends, relatives, and co-workers to ask their attorney for such a
recommendation. If several come back with the same name, call that
one first.
If all else fails, ask your county Bar Association for their referral
list, or look in the yellow pages. But a referral from somebody you
trust is better than relying on a YP ad, and the Bar Association just
lists every lawyer who _says_ he/she works in that speciality.
Call up and ask for an appointment. Ask if there will be any charge
for the initial consulation. Most good attorneys in this area will
do one _free_ consultation to see if you have a case they want to take
on. If they take the case, it will be on "contingency". That means
you don't pay anything unless you win. Then the lawyer gets a
percentage (usually 33%-40%) of whatever the judgement or settlement
gives you. Yes, that sounds like a lot, but 60% of something is
better than 100% of nothing (or almost nothing). And remember that
_nothing_ comes out of your pocket -- the lawyer gets paid only out of
what you win.
