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Collections Law/Harassed by Portfolio Recovery Associates

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Question
Hi:

I am being contacted by Portfolio Recovery regarding two Citibank accounts.  One account I did have and I agreed to settle.  However, I never had two Citibank accounts and disputed the other account with PRA.

I want to make sure PRA puts my funds towards the one debt I did have. What is the law about this? Do they have to honor my wishes to put my payments only towards the one debt I did have?  Thank you.

Answer
Good question.  The Fair Debt Collection Practices Act (FDCPA) states that if any consumer/debtor owes multiple debts and makes any single payment to a collector with respect to such debts, such debt collector may not apply payment to any debt which is disputed by the consumer/debtor and, where applicable, shall apply such payment in accordance with the consumer's directions.

If you do pay Portfolio Recovery Associates and PRA is trying to collect several debts, PRA is obliged to follow your instructions as to how your repayment is applied to the outstanding balances.

Hope this answers your question. If you have any follow up questions, please do not hesitate to ask.

Jason A. Shear, Esq.
Attorney at Law
Admitted in NY & NJ
Phone: (716) 566-8988
Website: www.jasonshearlaw.com

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Jason Shear, Esq.

Expertise

I can answer questions for residents of New York and New Jersey regarding creditor harassment claims under the Fair Debt Collection Practices Act (FDCPA); credit reporting errors under the Fair Credit Reporting Act (FCRA); debt collection defense/credit card defense; student loan law; and consumer class actions. I can also answer questions relating to consumer debt defense/collection agency defense, specifically pertaining to consumers being sued or harassed by collection agencies or NY collection attorneys. If you live in New York and have been contacted or sued by firms such as: Mel Harris & Associates, Forster & Garbus, Rubin & Rothman, Choi Law Office, Lacy Katzen, Malen & Associates, Solomon & Solomon, Daniels & Norelli, Cohen & Slamowitz, Pressler & Pressler or others; give us a call at (716) 566-8988.

Experience

I have obtained settlements for consumers in NY and NJ under the FDCPA and FCRA. I have successfully defended consumers who were sued by collection agencies/debt purchasers in the New York State courts.

Organizations
National Association of Consumer Advocates (NACA) Law Offices of Jason Shear Consumer Attorneys 3957 Main Street, Second Floor Buffalo, New York 14226 (716) 566-8988

Education/Credentials
BA/BS, Accounting & Political Science, Hunter College. Juris Doctor, Univ. at Buffalo Law School. LLM (Criminal Law), University at Buffalo.

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