Georgia  |  Credit and Debt Law

Legal Question

Asked on: 7/30/13, 9:22 pm

Last month, my employer received a letter from a collection agency. The letter read as follows:

"This letter certifies that I have this day served the Non-Party and the Defendant, by US Mail with a copy of this "POST JUDGEMENT REQUEST FOR PRODUCTION OF DOCUMENTS"; CASE NO. 12345678 seeking the deposit of the following documents in the United States mail by regular with adequate postage in a properly addressed envelope in c/o Sue Smith, address of collection agency: 2012 W-2 for Defendant, Pay stubs for past 3 mos for Defendant, Address on file of the Defendant

At the time the letter was received, I knew NOTHING ABOUT THE CASE nor did I receive a copy of the letter due to a change in address. However 3 weeks later, a process server showed up with a notice in hand regarding the case referenced by the collection agency in the letter to my employer.

Days after being "duly served"; I received a solicitation from the creditor to settle the debt for substantially less than the amount owed ... which I elected to accept.

The settlement was finalized today without court action or a judgement of any kind. I am happy to have the debt behind me but a bit steamed over the letter the collection agency sent to my employer.

If I understand the FDCPA correctly, a debt collector cannot contact an employer employer, except as part of a formal service of papers to achieve remedy a court order garnishment or judgement.

Assuming my interpretation is correct.... Did the collection agency violate the FDCPA by intentionally misrepresenting to my employer that a judgement existed in a case in which the DEFENDANT had YET TO BE served and NEVER EVER HAD a scheduled court date??????

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