Robert
Buffalo,#2Consumer Suggestion
Sat, September 08, 2007
Both of you getting letters doesn't mean it's a scam, but you could be right. I'd demand validation of this alleged debt per the FDCPA to play it safe. Here's what you can do: FIRST - Read the Fair Debt Collection Practices Act at ftc.gov/os/statutes/fdcpa/fdcpact.htm. SECOND - send a certified letter, return receipt requested, to the DEBT COLLECTOR to dispute the debt and request written validation of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation or judgment, or name and address of the original creditor. Also, include a statement stating that you do not wish to be contacted again until you receive all the written debt validation information you have requested. In your case you want to clearly state that this is NOT YOUR DEBT and you should specifically ask for the following documentation: What the money you say I owe is for; Explain and show me how you calculated what you say I owe; Provide me with copies of any papers that show I agreed to pay what you say I owe; Provide a verification or copy of any judgment if applicable; Identify the original creditor; Prove the Statute of Limitations has not expired on this account; Show me that you are licensed to collect in my state; Provide me with your license numbers and Registered Agent. THIRD - Once you received the written validation information requested, contact the CREDITOR (who owns the debt) via certified mail to resolve the matter. It is important that communication between you and this debt collector be in WRITING! So, I wouldn't not talk to them, EXCEPT to obtain an address for sending a certified, return receipt requested letter to dispute and demand validation of this alleged debt. If they don't validate this debt as required by law, you can file a complaint about them with the New York State Attorney General's website - just do a "google" search for it. You can also file a complaint with the New York State BAR Association - again just do a "google" search for it. And of course, you can file a complaint with the Federal Trade Commission - "google" for their website. Good Luck.