Indiana
I owe back taxes to the state. They outsource to a debt collector. The debt collector sent me a letter on August 10th stating what I owed and to call them and seek arrangements. On September 1st there was a tax levy sent to my financial institution. Funds were frozen in two savings accounts and partial funds were frozen from a checking account. I called the debt collector to have the tax levy removed and to set up payment arrangements. They said they wouldn't work with me because they were able to collect the entire amount owed with the tax levy. I spoke with a manager at the company and mentioned the FDCPA and the 30 days I was allowed in order to dispute the debt. He claims because of Indiana Tax Code 6-8.1-8-4 what they did was legal and doesn't fall under the FDCPA. On September 3rd, the funds were dispersed from my accounts to the debt collector.
Because this is in regards to a tax warrant, does the debt collector not need to abide by the FDCPA? The letter they sent me didn't include the text about having 30 days to dispute they debt. Isn't that a violation? Also, they sent the tax levy to my financial institution and secured the funds before the 30 day time period was up. Isn't that also a violation? When I asked the manager if they were a debt collector, he was reluctant to say "yes", but finally did. Every time I questioned him about the FDCPA he repeated the Indiana Tax Code mentioned above.
Thank you.
I owe back taxes to the state. They outsource to a debt collector. The debt collector sent me a letter on August 10th stating what I owed and to call them and seek arrangements. On September 1st there was a tax levy sent to my financial institution. Funds were frozen in two savings accounts and partial funds were frozen from a checking account. I called the debt collector to have the tax levy removed and to set up payment arrangements. They said they wouldn't work with me because they were able to collect the entire amount owed with the tax levy. I spoke with a manager at the company and mentioned the FDCPA and the 30 days I was allowed in order to dispute the debt. He claims because of Indiana Tax Code 6-8.1-8-4 what they did was legal and doesn't fall under the FDCPA. On September 3rd, the funds were dispersed from my accounts to the debt collector.
Because this is in regards to a tax warrant, does the debt collector not need to abide by the FDCPA? The letter they sent me didn't include the text about having 30 days to dispute they debt. Isn't that a violation? Also, they sent the tax levy to my financial institution and secured the funds before the 30 day time period was up. Isn't that also a violation? When I asked the manager if they were a debt collector, he was reluctant to say "yes", but finally did. Every time I questioned him about the FDCPA he repeated the Indiana Tax Code mentioned above.
Thank you.