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Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have had a truck reposed over 10 years ago. I went to court

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I have had a truck reposed over 10 years ago. I went to court on this matter, and it was dismissed, because the debt collection agent could not prove that I was ever late on payments. Now they have sold this debt to someone else to try and collect. The new debt collection company can not provide any info on what kind of debt it was. How do I get this to stop, and go away for good?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. What happened here is that they sold off the "contract" to a collection agency. This is not uncommon and is called "assignment of contract."

Possibly unknown to the collection agency, this matter has already been settled. The cfreditor that sold them this "file" may have averted to mention that the Court dismissed this. In short, the collection agency may have been "tricked" here. But, that is an issue between the collection agency and the original creditor.

Now, what to do about the collection? Someone in your situation may wish to send them a LETTER explaining the situation and threatening them with an FDCPA suit. FDCPA is the federal law regulating collection agencies. See here. Example of letter below:

To Whom It May Concern:

re: (name, account #, etc)

I have been receiving debt collection attempts from your company for the debt allegedly owed by me from (describe nature of debt). This matter has already been settled in Court. See attached copy of judgment.

Despite me requesting so, your debt collection efforts have continued. Demand is hereby made that you cease and desist - now.

If you continue on, then I will have no choice but to seek redress under the Fair Debt Collection Practices Act for the following violations:

15 U.S.C. § 1692f(1) (seeking unjustified amount)
15 U.S.C. § 1692e (threatening legal action without cause)
15 U.S.C. § 1692e(8) (threatening or publishing false debt on my credit history)

Every violation is $1,000 per incident, plus legal fees.

I now consider this matter concluded. Should you contact me again, I will seek counsel to file an FDCPA claim in federal court.




Again, that above is just an example. They should not bother you after this, likely.

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