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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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Being sued by collection agency, they refused to give me validation

Customer Question

Being sued by collection agency, they refused to give me validation of debt within the 30 day period. Is there a legal presedent to have this dismissed?

I am in civil court of new york city

thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Jack R. replied 1 year ago.

Under the Federal Debt Collection Practices Act collection agencies must stop collection activities as soon as they receive your request for validation or verification within the 30-day period. They can resume collection efforts only after they've sent you satisfactory proof that you owe the debt.

 

Per: 15 USC 1692g(b):

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer's right to dispute the debt or request the name and address of the original creditor.

 

'You can use the debt collector failure to comply with the FDCPA ( and the NYS equivalent ) as the basis for asking the suit be dismissed or a directed verdict in you favor. You must raise the FDCPA in your answer or defense to the collection complaint.

 

Please press ACCCEPT at the appropriate level of service so I may receive credit for my answer. If you have follow up questions please ask.

 

 

Customer: replied 1 year ago.


You did not answer my question, I know all that that you sent me


My question was __Is there a legal presedent in civil court for violation of not compling with FDCPA and what is it


 


thank you

Expert:  Jack R. replied 1 year ago.
Violation of FDCPA provision of which 15 USC 1692g(b) is was deemed by the court as sufficient to defeat a motion to dismiss in
  • Castillo v. Balsamo Rosenblatt & Cohen, PC, 2011-21329 Civil Court of the City of New York, Kings County June 30, 2011
  •  

    the court in its decision analysis states (an provides references):

     

    In order to prevail on his claim of a violation of the FDCPA, the plaintiff must prove that (1) he/she is a "consumer" who allegedly owes the debt or a person who has been the object of efforts to collect a consumer debt, (2) the defendant collecting the debt is considered a "debt collector, " and (3) the defendant has engaged in any act or omission in violation of the FDCPA requirements. See Dona v Midland Credit Management, Inc., 2011 WL 941204 (EDNY Feb. 10, 2011); quoting Healy v Jzanus Ltd., 2002 WL 31654571 (EDNY Nov. 20, 2002). Id at

     

    The court further states:

    If a debt collector fails to comply with any of its provisions, the FDCPA provides that a debtor may recover actual damages sustained due to noncompliance, additional damages up to $1, 000, and the costs of the action, as well as reasonable attorney's fees. See 15 USC § 1692k. Id.

     

    Please press ACCCEPT at the appropriate level of service so I may receive credit for my answer. If you have follow up questions please ask

    Jack R., Attorney
    Category: Legal
    Satisfied Customers: 6147
    Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
    Jack R. and 21 other Legal Specialists are ready to help you
    Customer: replied 1 year ago.

    thank you---so there is no legal presedent on this?


     


    Jeff

    Expert:  Jack R. replied 1 year ago.

    The case law IS legal precedent. You have cases that show that the FDCPA is adhered to in NY. That is all you need along with the code section #. being violated. Not only is the FDCPA followed in NY but it will uphold penalties for violation.

     

    Please press ACCCEPT at the appropriate level of service so I may receive credit for my answer. If you have follow up questions

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