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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7443
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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A debt I have been paying on to Crystal Moroney Law may

Customer Question

A debt I have been paying on for year to Crystal Moroney Law may actually be paid off. I have asked for balance information and they have refused to provide any account information whatsoever. Could I take them to small claims court to force them to provide this information?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

Most small claims courts are limited by state law/case law in what remedies they are allowed to offer. Most may not order specific performance; however, according to WI case law, specific performance is a remedy within the court's equitable powers: https://www.wicourts.gov/ca/opinion/DisplayDocument.html?content=html&seqNo=31592 (please see section 12).

However, under the Federal act: Fair Debt Collection Practices Act, a collector may be fined $1,000 for each violation of the act (FDCPA). If a debt collector knowingly tries to collect on a debt that has been paid off, that would be a violation of the fdcpa.

One moment please.

Expert:  LegalGems replied 1 year ago.

The act is located here:

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

If one sends a letter stating that they require validation of the debt, along with an accounting, and to "cease and desist" all further collection activity, under the FDCPA the creditor must cease contact with the consumer. When a consumer mentiones the FDCPA it indicates that they are aware of their rights- the act should be reviewed to see which provisions are applicable to one's specific situation so the specific section (see section 807, 808) should be cited. penalties are addressed in section 813.