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rjt

Junior Member
What is the name of your state? New York
I responded to a letter and phone calls from a debt collector with a letter disputing the debt and demanding that they send me copies of any documents that showed that I agreed to pay what they said I owe, name and address of original creditor, etc... I also requested no further phone calls. Several months later, I receive a letter and phone calls from another debt collector that said their client acquired the debt, and to send them money. (with the usual demand for a 30 day reply). Questions: Is this all legal? Can debt collector #1 disregard my demand for information concerning the debt, and sell the debt without informing me of their intent to do so? Doesn't debt collector #2 have to abide by the obligations of debt collector that sold him the debt (such as the no phone call request)? Or am I obligated to start all over each time a new debt collector acquires the debt, with another dispute and no-call letter? Note: The contract was from 4 years ago. I believe I had the right to cancel when I moved to a different town, but I never thought I should save a contract and cancelation letter from a gym membership, when they told me everything was in order when I first canceled because I was moving (going away to college.) I spoke with a lawyer who wanted a $500 retainer to write them a letter (with no guarantees). The debt is $1600.
 


Ladynred

Senior Member
First of all, 3rd party debt collections NEVER HAVE to validate. The law only requires that they cease all collection activities until they DO validate. That does NOT prohibit them from just dropping it and selling it off to yet another junk debt buyer. Most JDB/CA's CAN'T prove a damn thing because they don't buy the documents behind the debt, they just buy the 'paper' that says you owed money to some creditor and a few other sparse details. They are looking for the EASY targets. If you make it difficult for them, many will just wash their hands of it rather than mess with you any further.

Or am I obligated to start all over each time a new debt collector acquires the debt, with another dispute and no-call letter?
Yes, you do. If they first CA drop kicked it to some other collector, you will have to start the DV process all over again with clown agency #2 (or 3 or 4 or whatever).
 

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