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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 9903
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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Yes Viking magazine keeps sending me magazines claiming I owe

Customer Question

Yes Viking magazine keeps sending me magazines claiming I owe them about 850 dollars I don't recall even speaking or signing up with there company now there making threats to send debt collectors after me what can I do
JA: The Consumer Protection Lawyer will need to help you with this. Anything else I can tell the Consumer Protection Lawyer before I connect you two?
Customer: I would just like to know how to handle this situation
JA: OK. The Consumer Protection Lawyer will need to help you with this. I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Consumer Protection Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.
The burden is on the party asserting their is a debt owed to actually prove it- that is called the plaintiff's burden, and if the plaintiff cannot meet that burden in court, the court will dismiss the case. In the meantime, the consumer can send a validation letter requesting validation of the debt; if the collector is unable to validate it, then the consumer can send a cease and desist notice; under the Fair debt collection practices act, a collector may not continue to contact a consumer when they have been instructed not to. Furthermore, if the collector knows that there is no underlying debt that is a violation of the Act referenced above, and can result in a violation fine of $1,000 per incident.
Expert:  LegalGems replied 1 year ago.
Please see page 2-3 re; debt validation and contacting consumers:https://www.consumer.ftc.gov/articles/pdf-0036-debt-collection.pdf
Expert:  LegalGems replied 1 year ago.
additional information here Thank you for using Just Answer.I hope the information I provided is useful. If you need further clarification please post here and I will reply as soon as I see it; otherwise, Kindly-Rate Positively-This does Not result in additional charges to the customer and allows the site to credit me for assisting you today.Thank you and take care!No attorney client relationship is created as this is general legal information, not advice; and a personal attorney should be hired if one wishes specific legal advice for their personal situation.

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