Collections Law/Collection letter on old matter
I received a collection letter from an old matter that I thought was settled back in 2008. Debt collectors came after me in 2007 for a debt that wasn't mine. In October 2008 I got a letter from a judge who denied their request for a default judgement. I hadn't heard anything about the matter since.
The first letter I received on Dec 4 2015. It said that a judgement had been placed against me in Feb 2008. This judgement never appeared on my credit report. So my first question is: Isn't that illegal for them to say a judgement had been placed on me when it hadn't?
The 2nd letter is dated Dec 16 2008. It's the standard collection letter stating that I have 30 days to dispute the debt.
The debt is outside the statute of limitations but I want to get this matter over with so they don't bother me again. Should I send them a letter stating that the matter is outside the SOL along with a copy of the judge's letter? What do you suggest? I could only attach 2 images so I've attached the Dec 4th letter showing the supposed judgement and the judges letter. The Dec 16 letter saying I have 30 days to dispute shows a higher amount of $3622.55. It's the same law firm that was denied in 2008.
I sincerely appreciate any help you can give me on this matter.
Thank you for your question Dave. This is certainly an interesting matter but one that is easy to take care of since you kept the letter from the Court. The first thing you need to do is start a "diary" on this matter. In this diary keep a record of letters received and sent as well as telephone conversations received and made. Document the date, time, who you spoke with and the subject of the call. This will prevent the "he said/she said" situation down the road. Next send the collections attorney (the bottom feeders of the attorney world, even other attorneys don't like them) a dispute letter along with a COPY of the letter you received rom the Court. In this letter, demand that the attorney send you a notarized letter stating that this matter has been resolved and that all collection activity will cease. Then you will want to send the Court a copy of the letter you received from the collection attorney as well as a copy of the letter the Court sent you. Ask the Court to contact the collection attorney and demand that they cease and desist any and all collection activity immediately.
If I were you, I would seek out an attorney that handles FDCPA (Fair Debt Collection Practices Act) cases and ask if you have a case that would be worth perusing legally. Here is a website that will assist you with this: http://www.faircollectionpractices.com/ppc.php?aid=bing&cid=State-FDCPA-Atty&sub
. If the collection attorney stated that they have a judgment that they do not have, they are using deceptive collection practices and have violated the Act. There would be monetary damages due you and this collection attorney needs to be punished. At least if you get confirmation from the Court that they do not have a judgment, sent the information to the Attorney General. This website will supply you with the forms and information you will need: http://www.ag.ny.gov
I wish you the best with this matter and if I may be of further assistance please send a follow up question.
Ray A. Miller