Consumer Protection Law
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1) HOW OLD is the debt? In other words, when did it become due?2) Is the debt really owed? In other words, are you saying it should not be owed (why not), or, it really is valid due to the eviction of the cousin? Or you are not sure if it is valid or not?
This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Your main rights as a debtor come from the FDCPA - see HERE. State laws have their own state versions of this federal law that largely mirror it.
What they did may be unfair in that their collection practice was a mess, but even so, it does not sound like they have violated any FDCPA prohibition.
However, do look over both the prohibition and the requirement elements of FDCPA (see link) and be aware of them - any violation of that is actionable.
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"Due process" is a generic legal term. It can mean different things in different situations. There is no "due process" when it comes to collecting efforts, I am afraid.
However, if you have not yet received a MAILING from them, then someone in your situation can file a VALIDATION CHALLENGE under FDCPA which may get them to stop collecting. Let me know if you need more information on this.
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This is under 15 U.S. Code § 1692g. See HERE. A consumer can dispute all or any part of a debt at any time, but only a written request sent within thirty days of receipt of the first written notice of the debt triggers validation rights under the FDCPA.
If they do not respond, then they must cease collection efforts. However, know that validation only means a loose validation of name of the individual and their identity, nothing more. So many collection agencies can validate a debt easily.
It does if they have not yet sent a written correspondence that you have received. Instead of waiting for them to do so however, one can simply send in the validation challenge now.
A sample to send is HERE.
If they do, then assuming the debt is genuine, one can simply refuse to pay and risk them filing suit, or, negotiate the debt.
At this point, it would be negotiation. So you are free to dispute whatever you wish, but their job is to collect. So it is more of a "I'll pay 50% how about that" kind of deal.
You have no right to request break downs of legal fees, etc, at time of negotiation. This is only if they sue.
The collection agency will not likely even know. They simply have a name and an amount to collect for. They do not know the specifics. So this may be pointless. You can always try, of course.
You cosigned the apartment lease.
He was evicted.
He (and you) were then liable the breach of lease induced by eviction.
Over time, interest and legal fees built up.
You can negotiate and pay some/all of it (or none of it), or wait for them to possibly sue and then nitpick over the fees and disqualify some. The Court would allow this. However for the collection agency, all they are doing is collecting on a debt that their client told them is due.
For several thousand, there is a good chance they may sue but I cannot tell you a "percentage" of chance. I am sorry.
However once/if it has been SIX YEARS from date of the amount due, they cannot sue then. MCL(###) ###-####8). They can sue before, however.
No, it does not. They could not go after the original tenant, but can go after the co-signor, then.
different expert here. what would you like to know at this point?
It is better to try to negotiate. You may thereby avoid the cost of defense and exposure of litigation.