What you should do
If you've been contacted regarding a debt that is NOT yours:
Dispute the debt immediately
Request proof or validation of the debt
Some collection agencies are even starting to respond to validation requests with summons to appear in court. A collection agency cannot file suit against you if they haven't validated the debt within the initial 30 day period. If they did, they may have broken an FDCPA violation. Give Davis Consumer Law Firm immediately at (855) 4-DAVIS-LAW so we can fight it on your behalf.
[Click here for a sample Debt Validation letter]
If you've negotiated partial payments with a Creditor and the collector demands full payment:
Follow the steps above.
It is not illegal for the collector to ask for larger payment installments in a quicker timeframe and negotiate on its own terms, BUT it is against the law for him/her to make misleading or false statements to collect the debt. If you mention the Creditor will acccept partial payments, the collector is not allowed to tell that "only a full payment is accepted."
Collectors may not tack on interest, fees or other charges for the original debt unless:
Please complete the form below for a free no-obligation case review. An attorney will be in contact with you shortly.