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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Possible violation of the law by collector HELP!

Customer Question

Possible violacion of law by collector - Do I have a case - I got a letter dated July 17, mailed July 18 (Friday) to me, from the laywer of the institution claiming a debt. I got the letter the following Monday July 21. They gave me 30 days from RECEIPT to respond and get any information on the debt. I called them on Friday August 15 to ask them to provide details on the loan, the laywer's officed replied that I needed to send something in writting, so as soon as I was able, on WED AUG 20, I sent the fax asking dor detailed information (I was specific, asking for statements, amounts, rates, balances, and details of the products and services purchased). I got a one page report a couple of days latter with very litle information (summary of amount, rate, and claimant). In the meantime I also got a Summons filed on AUGUST 18 (this was not the 30th day yet!). DID THEY VIOLATE THE LAW BY JUMPING TO FILE WITH THE COURT AND NOT ALLOWING ME THE CHANCE TO NEGOTIATE WITH THEM, OR GET BACK TO THEM TO GET THE DETAILED DOCUMENTS, AS I ASKED? I only have another 10 days to get this resolved. Please help!

Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.

Hello,


Thank you for your question. I am happy to assist you.


They did not violate the law by filing suit by not waiting for the thirty days to expire. There is not a requirement that a creditor provide documentation or negotiate prior to filing suit.


The letter likely stated something to the effect of: " If you fail to dispute this debt within thirty days of receipt of this lettter, the debt will be presumed to be valid and further action may be taken againt you." The thiry days in the letter is referring to "collection action" outside of filing suit for the purposes of meeting the requirement of the FDCA governing collection actions.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER


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