Legal Question in Credit and Debt Law in New York

collection agency

i ordered some booklets for the price of $24.95 which i paid for. Other material was sent to me that i did not order and was billed for $99.00 I refused to pay, then received a letter from a collection agency, that I must pay. I think this might be some type of scam. Should I write the agency & refuse to pay them???????? thanks for your help.


Asked on 11/24/06, 1:05 am

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Re: collection agency

I agree that it sounds like a scam. Try this:

Send a letter to the vendor something like this - Dear __: On // you sent me _____ which I did not order. If you send me a pre-paid bill of lading by // with return shipping instructions, I will return the items to you. Otherwise, I will treat them as a gift and destroy or use them as I see fit.

Send a letter to the collection agency something like this: Dear ___: Regarding your letter of //, I deny owing anything. Cease and desist from all further collections efforts. The timing and other circumstances of your demand lead me to suspect that you are acting in concert with _vendor_ to commit fraud, violations of the Fair Debt Collection Practices Act, and possibly violations of postal regulations. A copy our this letter with supporting information is being sent to the appropriate authorities. -- Send copies of both letters to the Attorney General of NJ, the Federal Trade Commission, and your local U.S. Postal Inspector (blue pages).

It works for me.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 11/24/06, 8:31 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: collection agency

I agree with Mr. Corbett. I couldn't have said it better myself. Follow his advice. I would just add that you should copy both the local and state department of consumer affairs.

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Answered on 11/24/06, 11:24 am


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