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Nishan Parlakian
Nishan Parlakian,
Category: Consumer Protection Law
Satisfied Customers: 56
Experience:  Principal at Consumer Law Office of Nishan Parlakian, Esq.
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I am being asked to pay a collections agency invoice from

Customer Question

I am being asked to pay a collections agency for an invoice from Ability Network. August 11th 2015 I paid off several invoices with Ability. Turns out August 10th another invoice was generated which did not show in their system. This invoice went unpaid, they never tried to contact me in any way, and now I am hearing from a collections agency.
The customer service rep at Ability says (1) she does not know why the invoice did not show in the system, why I did not have an opportunity to pay it (2) they have written the debt off and sent it to collections, therefore I cannot settle the debt with Ability, and (3) there is nothing she can do other than apologize.
The original invoice was $19. I do not know how much the total bill is.
Do I have any recourse?
Small claims court?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Nishan Parlakian replied 1 year ago.

Steve, these collection agencies are a pain and could care less about their requirements under the law. The first thing to do is to write them and tell them that you demand validation AND all of the details associated with this debt. This is a requirement you can leverage as this is a Federal Statute the FDCPA and enables you to first see that the debt is bonafide. Second all of this debt is negotiable, once you find out what it is for. You can call the company and ask them what is going on and tell them that you will pay 25%, 50% or nothing. The one element here is to know if this affects your personal credit or if you care. If you don't care then don't pay anything until you are satisfied the debt is valid. You could take them to court but why bother. If they are interested in collecting the will farm out to an attorney and they will negotiate with you. Third, this is a bunch of bs. To not know why something is showing up in their system is not acceptable. What if this is a double billing, or a mistake. Nope they have to prove themselves. You are entitled to this until you are sure. You have paid them in the past so you are credible. It will be important to write and advise them that "you dispute all of the debt set forth in your dunning notices and phone calls. As such as is my right under FDCPA I herein demand that you validate and bring forth all documentation associated with your action. I believe this debt may be in error and and that by not offering proof of this alleged debt you are misrepresenting yourselves and the alleged creditor, both of which is actionable by me in Federal Court". The close with this is sent without prejudice to all of the rights and remedies I may have in this matter, all hereby reserved on my behalf. This should get you some satisfaction. Please let me know if I can be of further help. Good luck. Best regards, Sean

Expert:  Nishan Parlakian replied 1 year ago.

Hi Steven any luck on this one? If you need further help please let me know. Thanks, Sean