Question from myname, What Can I Do If a Collection Agency Claims a Debt That Wasn’t Included in a Court Judgment?
Answer from AI:
If a collection agency is claiming a debt that wasn’t included in a court judgment, it’s important to understand your rights and the steps you can take to dispute this claim.
Understanding Your Rights
Under the Fair Debt Collection Practices Act (FDCPA), you have the right to dispute a debt. If you believe that the debt is not valid, you can send a dispute letter to the collection agency within 30 days of their initial contact. The collection agency is then required to cease collection activities until they can verify the debt.
Steps to Dispute the Debt
- Send a Dispute Letter: Write a letter to the collection agency disputing the debt. Include any relevant information, such as the court judgment that does not include a money judgment. Send this letter via certified mail with a return receipt requested.
- File a Complaint: If the collection agency continues to claim the debt, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or your state’s attorney general’s office.
- Dispute with Credit Bureaus: You can also dispute the debt with the credit bureaus. Send them a copy of your dispute letter and any other relevant documents. If the credit bureau cannot verify the debt, they must remove it from your credit report.
Seek Legal Advice
If the collection agency continues to claim the debt despite your dispute, it may be necessary to seek legal advice. A lawyer can help you understand your rights and options, and can represent you if you decide to take legal action against the collection agency.
Remember, this information is a general guide and may not apply to your specific situation. Always consult with a legal professional for personalized advice.
For more information on your rights under the FDCPA, visit the Federal Trade Commission’s website. To file a complaint with the CFPB, visit the CFPB’s website.
The answer is written by AI.
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Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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