• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Attorney/debt collector

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Fightingmad1

Junior Member
What is the name of your state (only U.S. law)? TN
At the beginning of 2008, I discovered a collection agency listed on my credit report. I disputed the debt and the agency did not respond within the 30 days so it was removed from the report. I went one step further and 8 days later I sent a certified letter to this same agency asking them to validate. Again, no response. This past week, I was served with a civil warrant for these same debts from an attorney acting as a debt collector for the original creditor (these were bills a hospital claimed I owed from 2006). At first I did not realize it was for the same debt I had already disputed until I called the office listed on the warrant. I also noticed that the first collection agency was also listed. When I asked the representative if she was aware they were in violation of the FDCPA by serving me with a warrant without first notifying me and allowing 30 days in which to dispute or ask for validation, she became very nasty and said "I guess you're wanting a continuance?". Of course I said 'yes' and she flippantly told me that they would take care of it. I guess she thinks I'm an idiot and am not going to show up on Tuesday but that is exactly what I intend to do! Am I going to be at a disadvantage without an attorney of my own even though I have proof to back up every single thing I've just said?
 


dolebot

Member
Looks like your hosed. As plainly stated in 15 USC 1692g subsection (d):

(d) A communication in the form of a formal pleading in a
civil action shall not be treated as an initial communication
for purposes of subsection (a)

Why would they need to give you 30 days to dispute the debt and all that if a summons is not an initial communication? Seems the initial communication happened a long time ago and it made it to your credit report. Even if this is a new company - subsection (d) takes the air out of your tires. Make sure you show up, and make sure you know the law....
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top