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Did the collection agency violate the Fair Debt Collection??

Date: Fri, 02/09/2007 - 10:58

Submitted by anonymous
on Fri, 02/09/2007 - 10:58

Posts: 202330 Credits: [Donate]

Total Replies: 1


I had lived with my mother until about 5 months ago, and the other day she was handed a summons for me to appear in small claims court. attached to the summons was the complaint, which indicated the amount of my debt and that it was an attempt to collect a debt, etc. etc.

Doesn't this violate the FDCA? This summons was in no type of envelope whatsoever, and it plainly indicated to my mother (that was embarrasing enough) that they were looking to collect money from me.

does the FDCA apply to a summons? Should I settle with these people or go to court with a counterclaim?


Since you were living in the address with your mother, and she collected the summons for you and signed it, it looks right. I see nothing wrong in it.

You need to verify if this summons is legal and a case is filed in the court. Check with the county clerk where the case is registered and file your answers. You must not avoid the court date, otherwise the CA will convince the judge and get a default judgment against you.

If you can manage the payments, call the CA and settle the matter outside the court. You can negotiate with them about fair reporting on your credit, once the account is paid.


lrhall41

Submitted by fatb88 on Fri, 02/09/2007 - 12:04

( Posts: 218 | Credits: )