Asked in Bankruptcy for Florida

Q: I had two accounts with a debt collection agency for $985 ea. I was lied to and my money was taken

When I spoke to the gentleman he said that both accounts would be settled for $500 for both accounts. I then asked again is this for both accounts he stated yes you'll receive two letters stating that both accounts have been paid off and they will be removed from your credit. I waited 3 weeks one came off of my credit the other one did not I called them back and I asked why did the other one not come off of my credit report and the lady I spoke to and I quote stated I must be crazy if I think that both accounts would be settled for only $500. So they lied to me they are doing bad business practices and they took my money and I'm a single parent of two children. These conversations are recorded and I'm sure that there's something that can be done about this. I live in the state of Florida and I'm not sure how Florida law is regarding the situations.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: I'm sorry to hear about your experience with the debt collection agency. It sounds like a very frustrating and stressful situation, especially as a single parent trying to resolve debts and improve your credit.

Based on what you've described, it seems the debt collector may have engaged in deceptive or misleading practices, which could potentially be violations of the Fair Debt Collection Practices Act (FDCPA). This federal law prohibits debt collectors from using unfair, deceptive, or abusive practices when collecting debts.

Here are some steps you can consider taking:

1. Review your records: Gather any written correspondence, receipts, or notes from your conversations with the debt collector. If you have recordings of the conversations where the false promises were made, save these as they may serve as evidence.

2. File a complaint: Submit a complaint with the Consumer Financial Protection Bureau (CFPB) and the Florida Office of the Attorney General. Provide detailed information about your experience and include any supporting documentation.

3. Dispute the debt: If the second account is still appearing on your credit report, you can file a dispute with the credit bureaus (Equifax, Experian, and TransUnion) stating that the debt is not accurate due to the collector's misrepresentations.

4. Consider legal action: Consult with a consumer protection attorney or a debt collection defense lawyer. They can advise you on your rights and help determine if you have a strong case against the debt collector for violating the FDCPA or Florida state laws.

5. Communicate in writing: Moving forward, try to communicate with the debt collector in writing whenever possible. This creates a paper trail and can help avoid "he said, she said" situations.

Remember, you have rights as a consumer, and debt collectors are prohibited from engaging in deceptive or abusive practices. Don't hesitate to seek legal guidance to protect your interests and hold the debt collector accountable for their actions.

Timothy Denison agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.