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Old 06-10-2005, 07:57 PM
Junior Member
 
Join Date: Jun 2005
Posts: 2

collection agency wants fees not principle


What is the name of your state?Texas
I have received a demand for payment of interest and fees (not principle) by a CA collection agency on a debt I have already paid. I got an invoice in April from the creditor, the fee was past due so late fees were included, and I paid this invoice in full at the end of April. On 5/28 I got the first letter from the collection agency. I sent a certified letter seeking validation of the debt but all I got was a nasty threat about filing suit in CA courts and the address of the creditor. The creditor refuses to talk to me or send a statement of my account, saying I must talk to the collector.
Can the creditor refuse to discuss my account or send a statement?
Can the collector rightfully demand fees and interest on a debt paid in full according to the creditors invoice?
How can I best defend my credit?
How can they file in CA when I am in TX and the creditor in LA?
Thanks.
  #2  
Old 06-11-2005, 09:37 AM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Where the creditor is means nothing. If you live in CA when you entered into the contract, they CAN sue you there per the FDCPA.

Do you have PROOF of the payment in full - including these fees and interest charges ???

Quote:
Can the creditor refuse to discuss my account or send a statement?
Of course they can. Once they give the account to a collector, most won't talk to you at all, you must deal with there henchmen at the collection agency.

Quote:
I sent a certified letter seeking validation of the debt but all I got was a nasty threat about filing suit in CA courts and the address of the creditor.
Did their initial letter include the mini-miranda and the '30 days to dispute' language ?? (mini-miranda is 'this is an attempt to collect a debt... blah blah..)

If their response to your validation letter was a threat of a lawsuit then they have violated the FDCPA by continued collection activity and threats AFTER your request for validation.

Quote:
Can the collector rightfully demand fees and interest on a debt paid in full according to the creditors invoice?
If the debt was paid, IN FULL, then they can't. In this case, sticking to your guns with the validation is VERY important. If they try to blow you off by saying all they have to provide is the name and address of the creditor, quote them Spears v. Brennan (case can be found on-line). That case states that that a full accounting of how they arrived at the balance they claim you owe IS required (along with the original signed agreement). You DO have the right to know what it is they claim you owe, especially if you have documentation that says you paid in full already !
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