Legal Question in Civil Litigation in Florida

I have a question with regards to collection agencies, their rights and how they are to handle their affairs correctly.

Lately, for the past 2 months, I have been getting calls from a "supposively" local collection agency, trying to collection on a cash advance debt that I apparently have from late 2007 or early 2008, not quite sure. In the initial phone message I received from them, which I called back since I had no idea what they were calling about, they stated I had a cash advance at some point during that time frame that I hadn't paid back. I am honestly not quite certain of this cash advance, since it has been a very long time since I have needed one, thankfully, so I requested proof from them of this debt, so I can be certain this is a valid debt and not a scam to try and have money taken from me. The representative refused to send me any valid proof of the debt and advised that all he has is my name, account information, employment information, contact information and the amount of the debt and only needs to make an offer to settle the debt, before it is taken into litigation (the amount is not even 500 bucks). I again asked several times for proof and I was denied proof of this debt. I expressed to the representative my concern of the phone call, when in all these years I have never received any demands of any debt pending and I have been living in the same residence since early summer of 2007. The representative continued to try and pressure me into getting into a payment plan, but I continued to insist on having some information sent to me, before I agree to a payment plan. The representative placed me on hold and them just hung up the phone on me and never tried to reach me back. A month later, which is now, I just received a voicemail message from the same company, different representative advising me to call to resolve the issue because there is a pending summons to be issued on me. I still have not contacted him back because before I do so, I would like to have more information on my defenses with this matter, since at no point I have received any correspondence in the mail for years and have been refused copies of documentation for this debt. If you can please provide me with some guidance or direction to better handle this situation, I would greatly appreciate it.

Thank you.


Asked on 9/01/11, 2:51 pm

1 Answer from Attorneys

Stephen Orchard Law Offices of Stephen Orchard

You should speak with a local attorney about this situation. Companies collecting debts, particularly third party collection agencies, must strictly follow federal and state fair debt collection laws and you have a right to be provided with proof of a debt that they are seeking collection upon.

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Answered on 9/02/11, 2:01 pm


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