Legal Question in Civil Litigation in Nebraska

I have receiving calls from collection agencies saying that I owe money for payday loans. A collection agency called today and said I would be garnished if I pay. So I set up a payment arrangements. I did receive a receipt by email but I'm not sure how they got my work email address. Then I received an email from a different collection agency trying to collect for a payday loan from the same company as the one I set up arrangements for. So now I don't know if I should believe these people and the now have my credit card info. How do I know if these collection agencies are real and is there a statute of limitations?

Asked on 6/17/13, 6:44 pm

1 Answer from Attorneys

Matt Jenkins DeMars, Gordon, Olson, Zalewski and Wynner

By federal law (the Fair Debt Collection Practices Act) collection agencies must send you a letter giving you 30 days to request verification of the debt. If you are still within that time frame, send that request to each agency so that you can determine whether or not they are collecting on the same debt.

If you are outside of that time frame, you should schedule a free consultation with an attorney that specializes in FDCPA claims. The reason is that if they really are two agencies collecting on the same debt, then you probably will be able to pursue them for violating the FDCPA, which generally means they will be liable to you for up to $1,000 and have to pay any attorney fees that incur in litigating the action.

Statute of Limitations for a written contract in Nebraska is five years.

Read more
Answered on 6/18/13, 4:21 am

Related Questions & Answers

More General Civil Litigation questions and answers in Nebraska