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.
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.
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