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lwpat
lwpat, Attorney
Category: Legal
Satisfied Customers: 25384
Experience:  Actively practicing trial attorney
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collection from afni for verizon acct

Resolved Question:

just recently received a collection from afni for verizon new jersey for a phone number i never had it is from new jersey they are saying i must pay i have not lived in new jersey for the past 9 years i lived with my father who had the same name as me so im assuming it is for him . they are refusing to remove the collection do they have a case against me some how the managed to lock this collection against me with out me having any association with verizon ever i have not lived in the united states for the past 3 years so not even sure were this collection is coming from
Submitted: 2 years ago.
Category: Legal
Expert:  lwpat replied 2 years ago.
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.

They are a junk debt buyer. They cannot garnish your wages without taking you to court first so this appears to be just a threat. You can't send them emails, you have to send a certified letter to them so you have proof that you have requested validation and told them not to contact you.

FDCPA

§ 1692 c (c). (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except –

(1) to advise the consumer that the debt collector’s further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

 

Here is a sample letter without any representation

 

your name
your address

today’s date

collection agency business name
address

RE: Account #_________

Dear Sir or Madam:

I request that (collection agency name) CEASE and DESIST immediately in its efforts to collect on the above referenced account. I will not deal with any collection agencies and I will only deal with the original creditor of this and all accounts bearing my name.

Furthermore, (collection agency name) and all its agents and assigns are hereby instructed to immediately CEASE and DESIST all contact with myself and with third parties such as my family members, employers, coworkers and the like, via telephone, including but not limited to computer generated calls, and via person to person contact at my places of residence and employment.

Any further communication with me regarding this account or any accounts bearing my name or phone number are to be conducted ONLY in writing via USPS to the above address.

Please attend to the actions required by your receipt of this letter immediately or face legal sanctions under applicable Federal and State law.

 

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION. I demand that your office provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

  • What the money you say I owe is for;
  • Explain and show me how you calculated what you say I owe;
  • Provide me with copies of any papers that show I agreed to pay what you say I owe;
  • Provide a verification or copy of any judgment if applicable;
  • Identify the original creditor;
  • Prove the Statute of Limitations has not expired on this account;
  • Show me that you are licensed to collect in my state; and
  • Provide me with your license numbers and Registered Agent.

If your offices have reported invalidated information to any of the three major Credit Bureau’s (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

  • Violation of the Fair Credit Reporting Act
  • Violation of the Fair Debt Collection Practices Act
  • Defamation of Character

If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

Sincerely,
your name

lwpat, Attorney
Category: Legal
Satisfied Customers: 25384
Experience: Actively practicing trial attorney
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lwpat
lwpat
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