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Dealing with a Collection Law Firm

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  • 01-18-2010, 05:22 PM
    rsiegel28
    Dealing with a Collection Law Firm
    My question involves collection proceedings in the State of: NY

    I recently recieved a letter from a collections law firm that states I owe alittle over $2000. I spoke with an account manager at this firm and said that I'm unsure if this debt is even mine. I researched my credit report and found it on there. After looking over the little information that was listed and then speaking with the firm again I'm almost 100% positive this debt is not mine. The problem is that this credit card was opened in 2003 and closed and charged off as a bad debt in 2007. I know for a fact I have never had a credit card open for over a year. I will say my credit is a mess and have alot of problems for a long time. I have been trying to pay off all my debts over the last year and a half and I'm sure that I may have missed a handful of debts. After explaining this to a litigation manager at the firm I asked if there was any way I could get some statements or proof of where the payments were paid from. He (litigation manager) refused to give me any information. I explained that I'm willing to voluntarily pay the debt if it could be proven that I was indeed the person who opened the account. The litigation manager then told me that he was going to advise his client that I'm refusing to pay and that they should proceed with with litigation. I'm not sure why they refuse to give me this information. Any help would be greatly appreciated
  • 01-18-2010, 09:15 PM
    irishpat77
    Re: Dealing with a Collection Law Firm
    Have you looked to see if this law firm can actually practice law in NY? What is the name of the law firm?

    The debt seems to still be in statute. have you disputed the account with your credit reports?

    Has this law firm contacted you in writing yet? If they have not, then after that phone call, they have 5 days to send you something in writing. You then have 30 days to dispute the debt under the FDCPA and if NY has debt collection laws, them too. You can search the internet for a "sample debt validation letter"

    Once they get this letter no collection activity can be taken, and that includes litigation, if they sue you during a dispute you can file a counter-suit against them.

    One last thing, DO NOT I repeat DO NOT send a limited cease and desist or a cease and desist letter. Telling them not to contact you anymore opens you up to a lawsuit. There is no need for a C&D and a limited one will be taken as a FULL C&D by most debt collectors. They cannot call or contact you anyway during a dispute so it is useless. If they do try to collect you can sue them, which I would rather let violations build up to have a better case.

    Make sure you send the DV letter certified mail return receipt requested. Keep the green card when you get it back.
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