Legal Question in Credit and Debt Law in Virginia

Collection Agency Harassment

I have been fighting with one/several collection agencies to obtain documentation of the debt before I continue to pay on it, per the law in their letter. They refuse to send me any documentation on the account. The account is from back in 1995/1996 and I do not remember it nor do I have any information on it. I paid already about $175 on it. They want $450. I refuse to pay another cent to this debt until the collection agency sends me some kind of information about it. It is from a credit card/cross country from 1995/96 that I thought was closed out. I heard nothing from them until 3 years ago and I have been sending letters and fighting this for 3 years. Aren't they by law to send me information on this account since I have disputed the amount? They told me that that they don't have to send me anything. Aren't my consumer rights being violated? They continue to call and harass me. I sent to them recently a ''Cease and Desist'' letter.


Asked on 1/27/03, 4:31 pm

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: Collection Agency Harassment

Simple answer is "yes". Assuming that you complied with the law, and sent them a written demand for verification of the debt within thirty days of your having received the first demand for payment, each and every thing they've done since then to try to collect has been in violation of the Fair Debt Collection Practices Act for which you could (and from the facts of this one, I'd say "should") file suit against them. For each violation, you're entitled to up to one thousand dollars, costs, and attorneys' fees, subject to the discretion of the court. Note that I said, "for each violation". That collection agency could wind up owing you a bit more than they're trying to collect if you're successful.

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Answered on 1/28/03, 7:38 am


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