Legal Question in Credit and Debt Law in New York

collection agency

I requeted proof of the debt over a month ago, got the persons name and ext. got a new letter saying now that its more then 30days they will do all possible to collect. I am out of work and the last thing i need is them freezing my bank account -someone I know had this happen. i called today they claim they did not get the letter and its MY Responsibilty to get the proof I thought if I ask ed they have to provide. I am sending another letter this time certified but they guy was very threatening. its called ncplus inc in Manhatten any suggestions on how to handle this and who is responsible to get he bill? its from a dentist who would not make arrangements with me and ripped me off plus they called my family asking for money


Asked on 6/24/09, 3:45 pm

1 Answer from Attorneys

Frank Loscalzo Law Office of Frank Loscalzo

Re: collection agency

Presumably the debt collector sent you a letter. It had the 30 day debt validation language in it, and you responded within the 30 days. Under the FDCPA (Fair Debt Collection Practices Act) the debt collector has 2 choices: a. Do nothing. B. Respond to your request.

Since they did not respond to your debt validation letter, but instead sent you another dunning letter, they have violated the FDCPA.

If they contacted your family members, and discussed your account with someone other than your spouse, it is an FDCPA violation

If your would like to discuss your ability to sue them for violations of the FDCPA, send me an email.

[email protected]

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Answered on 6/25/09, 8:41 am


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