Sadly, many consumers find themselves confronting old claims purchased for a fraction of the amount claim. (FED. TRADE COMM’N, THE STRUCTURE AND PRACTICE OF THE DEBT BUYING INDUSTRY 47 (2013). Our office handles the defense of credit card and other claim and here are some guides.
1. Check the Assignment Documents
Debt buyer claims to have purchased or been assigned a claim. Look through the assignment documents- where is the document. Since debts might be assigned to various companies, a bulk assignment document does not tell us whether this particular claim was properly assigned.
2. Check for FDCPA violations
Carefully review the underlying papers to see if the claim is properly made. False statements may violate the Fair Debt Collection Practices Act. A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.
Check if the agreement is subject to arbitration.
4. Consultation with Attorney
Even if you are worried about costs, consider speaking with an attorney to review the claim and defenses, and possibly negotiate a favorable settlement.