I've received an email from a company (TrueAccord) about logging into their website to make payment arrangements. The same day I received this email I've sent them a request to validate my debt. It's been almost 300 days sine they sent me anything, and I've sent them another email asking them once again about the status of my debt verification. They sent me a reply stating that it's now in Plaza Services LLC.
Are they legally allowed to have another company now attempting to collect the debt since they where not able to provide me with validation, or is it suppose to stay in their hand until validation is provided?
2 Answers from Attorneys
The quick answer is yes, any creditor is free to use whomever they want to collect the debt at any time. Similarly, any debt buyer is also free to another debt collector or sell the debt to yet another party.
The only reason the validation notice exists is due to the Fair Debt Collection Practices Act which only applies to debt collectors, as opposed to whomever actually owns the debt and has the right to collect for themselves. Moreover, the FDCPA only provides certain remedies to a debtor if the Act is violated. It does not in any way invalidate or relieve a debtor of a debt. Only a settlement, expiration of the statute of limitations which deprives a creditor of the right to sue after that, or a successful bankruptcy eliminates the debt.
I trust this has been helpful but feel free to call or email on a free initial basis.
Very truly yours,
Matthew R. Nahrgang, Esquire
35 Evansburg Road
Collegeville, PA 19426
(610) 489-3041 ph
(610) 489-3042 fax
The first thing that I would say is to contact a consumer attorney to review any debt collection issue. You should never have contacted them yourself without speaking to an attorney first. Is the debt valid? well, they didn't validate did they? Who owns it? is it within the SOL? There are lots of questions that need answered before you attempt to pay a debt collector, and the biggest issue is..... should you pay them?