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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110396
Experience:  Attorney experienced in commercial litigation.
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We was just contacted by a collection agency and the same thing

Customer Question

We was just contacted by a collection agency and the same thing as I'm reading on this page. We received a call back in Nov.2015 and we negotiated a settlement. They now called back and said I owe them almost $2000 dollars. What is the best way to handle this?
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Tell us some more information about the issue. Also, you say same thing as I am reading on this page, please tell us what you already know so we do not tell you things you already know.
Customer: replied 6 months ago.
What I read on the page is that a collection agency call and said we owed for a package sent and we did not pay. It was three years previous we supposedly order from them. We thought we may have overlooked it so negotiated a settlement. From reading online that was a mistake. Now they are calling back saying there is 2 outstanding bills we did not pay saying we now owe over $1800 dollars. We pay our bills as they come in and find it very unlikely. Our credit rating is around 800. There is nothing filed against us. How should we proceed?
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
This sounds more like you are dealing with a scam company and not a real debt. Whether you negotiated the first one or not, you need to send these people a letter saying you are writing pursuant to the Fair Debt Collection Practices Act and you deny any such debt. Tell them that pursuant to the Act you are demanding they provide proof the debt is your debt in the form of a signed contract, an itemized statement proving the debt and proof they have rights to collect the debt. Tell them failure to provide the information would be a violation of the FDCPA and will result in you suing for up to $1000 per violation plus attorney's fees as well as filing a complaint against them with the Federal Trade Commission.
Give them 30 days to respond and tell them if they do not provide the proof requested then they are to cease and desist communication with you.
After that they generally go away. But if they persist, then you can sue them and also report them to the FTC and the attorney general's office as well, since this is most likely a scam.

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