You are here:
- Home
- Business
- Small Business Information
- Business Debt
- fighting unfair debt claim
Business Debt/fighting unfair debt claim
Advertisement
Question
QUESTION: Hi Michelle,
our company has paid our Workers' Comp insurance bills always, and on time.
The insurance company corrects (at the end of the year) the fees; it is based on payroll.
The insurance company made errors in calculating the fees, and overcharged us. We alerted them to this and asked for a correction, but did not want to pay any additional charges.
The company ignored our responses and pass this to a debt collection law firm.
This law firm has refused to send any response in writing to our letters with the appropriate calculations of the correct charges and now in October 2007 are threatening to sue. Isn't the Statute of Limitation already passed? What are our alternatives ? We are a small company and otherwise in excellent standing in every other way.
ANSWER: Vic,
Give everything to your attorney, if you have requested this information from the collection agency and they have refused to provide it, they are violating the law. If you request verification within 30 days from being contacted by a debt collector, they are to provide you with that documentation within 30 days by law. See the Fair Debt Collection Practices Act. Also if you have an attorney and you let the agency know about this and they contact you again, they are breaking the law. They can ONLY correspond or speak to your attorney once you have advised them you have an attorney.
---------- FOLLOW-UP ----------
QUESTION: 1) Actually we did have our attorney (expensive!) write to them once regarding the overcharges. Since that event they still wrote to us and not to the attorney.
2) Has the Statute of Limitations expired? the original date of the collection goes back to 2003.
Vic,
1. Did you let your attorney know they were still contacting you? Tell him you want him to send a letter regarding the fact that they violated the FDCPA - since if they contact you after you retain an attorney and they hear from him, that is a violation and you carries a $1000.00 penalty.
2. The statute of limitations depends on the type of debt, depending on if it is a verbal agreement, a signed contract, or a judgment the statute's vary. Your attorney will also know this as well.
Good luck!
Related Articles
- Fair Debt Collection Practices Act Profile - FDCPA Background - Fair Debt Collection Law
- Debt Collection - What is The Fair Debt Collection Practices Act and Does it Apply to Sole Proprietorships
- Federal Law: What a Debt Collector Cannot Do to Collect Money From You
- Fair Debt Collection Practices Act - Fair Debt Collection Act
- Debt Collection Laws - Can I Sue a Debt Collector or Collection Agency?
Answers by Expert:
Michelle Dunn
Expertise
As one of the Top 5 Women in Collections, one of the Top 50 Collection Professionals, and winner of the Business Excellence award, I can answer any questions about debt, debt collection, improving business credit, creating a credit policy, enforcing a credit policy and collecting on past due accounts. I can also answer questions in regards to starting a debt collection agency since I have been a bill collector for over 24 years, started and ran my own collection agency for 8 years, and maintain my 12 year old Credit & Collections Association for members of the credit & debt collection industry. I am also the author of the popular and award winning book "Starting a Collection Agency, how to make money collecting money" now on it's 3rd edition. This book has won a the Writers Digest self published award as well as the New York Book Festival Award. I am a repeat contributor to the Wall Street Journal, and have been featured on NPR, CNN, as well as many other national radio and television programs. I have also been featured in national publications such as the Wall Street Journal, Forbes, Smart Money, MSNBC and much more. I have 17 published books to my name and am an accomplished speaker and consultant. I currently write 9 columns for newspapers, magazines and online portals worldwide.
Experience
I have over 24 years experience in debt collection, I started and ran my own collection agency for 8 years and I am the founder & owner of my Credit & Collections Association that I founded in 1998. www.credit-and-collections.com
Organizations
My Credit & Collections Association, I was also a member of the American Collectors Association and Plymouth Chamber of Commerce for 11 years. I am a member of many writing groups as well as my local Women Inspiring Women chapter. I am a member of Know More Media as an expert for their blog on business credit.
Publications
Business NH Magazine, Smart Money Magazine, MSNBC, CNN, Forbes.com, The Wall Street Journal, Home Business Magazine, Entrepreneur Magazine and website, many books, newspapers and television programs as well.
Education/Credentials
I have written 17 books in my collecting money series and one for Entrepreneur Press called the Ultimate Credit and Collections Handbook. My newest book is being published by John Wiley & Sons in May titled, The Guide to Getting Paid, how to weed out bad paying customers, collect on past due balances and avoid bad debt. This book is also being sold to many colleges as a text book.
Awards and Honors
My book Starting a Collection Agency, how to make money collecting money won an award from Writers Digest and the 2007 New York Book Festival in the "How to" category. I have won 2 awards from Dun & Bradstreet and Governor Jean Shaheen. I was nominated as one of the Top 5 Women in Collections twice as well as having been selected as one of Collection Advisor's Top 50 Collection Professionals by my peers.
©2012 About.com, a part of The New York Times Company. All rights reserved.