Q: What should I do when contacted by a commercial debt collector for invalid debt?
I received an email from a debt collection agency. I requested a debt verification from them, and they say that they are a commercial collection agency and the debt is not subject to FDCPA. Also, they sent me a document that does not show me the debt belongs to me. Is it legal to they keep contacting me? I have sent out a debt denied letter to them, but I would like to know what to do if they keep contacting with me.
A: They are correct that the FDCPA does not apply to commercial debt. Whether or not the alleged debt is commercial or consumer debt can be a complicated analysis. You can ignore them and they will eventually sued on the claim or not. If you want to be more proactive and determine if this is a valid claim against you or not, you should likely retain an attorney to assist you.
A: commercial (i.e. business debt) is not subject to fdcpa. however, you would need to consult with a consumer protection attorney to understand the facts and have the attorney review all documents to better advise you as to your rights in such a situation. don't delay in contacting an attorney as there could be statute of limitation issues involved that could limit your legal options.
A:
As you can see, this may in fact revolve around whether this is a commercial debt. Is it?
If you are worried about it, it must be a pretty small biz? Anyhow, there are solid attorneys who
handle debt defense who can help, likely the two who've already responded. Good luck with it.
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.
