How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Lady Themis Your Own Question

Lady Themis
Lady Themis, Internet Researcher
Category: General
Satisfied Customers: 7751
Experience:  Knowledgeable in a broad range of topics
11297241
Type Your Question Here...
Lady Themis is online now
A new question is answered every 9 seconds

MY daughter got a call from a Collection Agency saying she

Resolved Question:

MY daughter got a call from a Collection Agency saying she owed money on a credit card she supposedly opened up back in 2008. She says she never opened the account but of corse it has her name and social security number. They say if she will settle with a down payment and payment plan they will not sue her but if she doesn't settle they will sue her and add atty fees and costs to what she owes. Can they do this withiout ever notifying her of this alleged debt. I thought they would have to of sent her something regarding the debt she says she owes.
Submitted: 3 years ago.
Category: General
Expert:  Lady Themis replied 3 years ago.

Thank you for your question.

 

The debt collector is supposed to follow up the initial contact with a written verification of the amount owed and the name of the original creditor. Failing to do so is a violation of the Fair Debt Collection Practices Act (FDCPA). If your daughter disputes the debt in writing, the debt collector cannot contact her again unless it is to inform her that a lawsuit is pending.

 

Please let me know if you have any follow-up questions.

Customer: replied 3 years ago.
There is a lawsuit getting ready to be filed by the collection agaency. What can she do even though she has never had the chance to dispute it. Can they just file the suit against her anyway
Expert:  Lady Themis replied 3 years ago.

If a lawsuit is filed without the debt collector ever verifying the debt in writing, that is actionable under the FDCPA and your daughter can sue civilly for damages and attorneys fees. Once the lawsuit is filed, she can counterclaim with that and provide any other defenses she may have. The debt collector would still have to prove that she owes the debt in some way in order to collect on it in a lawsuit.

 

 

 

 

Customer: replied 3 years ago.
What do you mean by filed without the debt collector ever verifying the debt in writing. Verifying it by who in writing. So are you saying if my daughter has never received anything in writing stating she owes the debt, even though they may say they sent something to her address, but she had moved, they can't file a lawsuit or they can and it would be up to her then to counter sue them. Or can she request a billing stating how much she owes and to who before they can file the lawsuit
Expert:  Lady Themis replied 3 years ago.

The debt collector is obligated to send a written verification of the debt to your daughter. Failing to do so doesn't mean they can't still collect the debt, but your daughter could countersue under the FDCPA.

 

Yes, your daughter can request that verification from the debt collector at any time.

Lady Themis, Internet Researcher
Category: General
Satisfied Customers: 7751
Experience: Knowledgeable in a broad range of topics
Lady Themis and 69 other General Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21505
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21505
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18546
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8593
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3890
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3431
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3358
    DVM, Emergency Veterinarian, BS (Physiology)