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Not sure is collection agency is lying

Date: Wed, 11/29/2006 - 12:53

Submitted by anonymous
on Wed, 11/29/2006 - 12:53

Posts: 202330 Credits: [Donate]

Total Replies: 11


I was just recently contacted by a collection agency claiming to be an attorney's office. After doing some research, I did find that I did have this debt which was only $250 back in March but this company wanted me to pay $670, they say accumulated with interest. I tried to explain that I am a full time student and can't pay until January but the man I spoke to wouldn't hear of it and got angry and rude using words like "hell", spoke a lot a legal jargon that I did not understand, and threatened to garnish my wages. Now I have been getting a daily call from them and today they left me a message in which they spoke so fast I only understood Affidavit of fraud with my county clerk's office. I need help with knowing if I should take them seriously or if they are just trying to scare me and if this is serious what can they do legally. Do they need my signature to garnish my wages? If they are located in New York, how does it work if I live in AZ?


Your debt doesn't seem to be validated by the collection agency and not doing this, they are violating the fdcpa. You have every right to get the debt info and revise the collection fees that your state allows. You should also see the original contract signed with the creditor for the legal collection fees.

Send your debt validation letter and get the complete picture of this debt. The CA has to be licensed in your state before making the collection attempts. Check with your Secretary of State for their licensing info.

collection agencies cannot garnish your wages without taking to the court. They will have to prove a case against you and their collection is fair by all means. If a court date is fixed, it will be in your state. You should receive the summons 20 days before.


lrhall41

Submitted by ricjil on Wed, 11/29/2006 - 13:24

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How do I send a debt validation letter? This company has been fishy from the start. They sent me a statement to my email, and it had the my correct info at the top but was regarding the wrong company was said Dear Geraldine (which is obviously not my name); when I spoke to them on the phone they apologized to this mistake and sent me a new statement again by email, but got very nasty with me when they found out I was not going to give them money at that moment


lrhall41

Submitted by on Wed, 11/29/2006 - 13:33

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Validation via email is not acceptable in regard to the law. It has to be postal.

http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm

For info on debt verification letters, go to the "Do It Yourself" section and look in letters. You can find samples there.

I have searched the crap out of Google - I can't find anything about Marshall & Ziolowski.


lrhall41

Submitted by jedijeff13 on Wed, 11/29/2006 - 21:16

( Posts: 1734 | Credits: )


HI rosaandmari2000, what you need to do is send a debt verification letter to this company. You can find a template for this letter on my blog. You also need to send a cease and desist letter demanding that they discontinue calling stating that they have violated the Fair Debit Collection Act. In the letter state in quotes what was said to you and the date, you need to back your demands up with the evidence. Keep posting and good luck


lrhall41

Submitted by PDLFREE on Thu, 11/30/2006 - 21:58

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