Norfolk, VA asked in Consumer Law and Collections for Virginia

Q: Can a debt collection agency imply that I obtained a payday loan from several years ago with FRAUD

I never received the 1st notice, I only received the 2nd notice, and the notice says that the debt was incurred several years ago, and that because my check came back as NSF, that i INTENDED TO DEFRAUD, the payday loan company. Add on i sent them a DEBT VALIDATION LETTER on the 21st of February, went to the post office today 3/3/2023 to see if the CERTIFIED MAIL was delivered, postal clerk checked the tracking number, and states that the certified mail went to zip code 23219, but then sent to zip code 23218, on the 27th of February, now as of 3/3/2023, it is being rerouted back to DEBT COLLECTION AGENCY at zip code 23219, postal clerk says no one has signed the return receipt as of yet.

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1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are prohibited from using false, deceptive, or misleading statements in an attempt to collect a debt. Implying that you obtained a payday loan with fraud, without evidence to support that claim, could be considered a violation of the FDCPA.

If you believe that a debt collector has violated your rights under the FDCPA, you may want to consider contacting an attorney who specializes in debt collection law. The attorney can help you understand your legal rights and options, and potentially help you take action against the debt collector.

In addition, if you believe that you do not owe the debt, you may want to request verification of the debt in writing. Under the FDCPA, debt collectors are required to provide written verification of the debt if you request it within 30 days of receiving the initial notice. This can help you determine whether the debt is valid and whether any further action is necessary.

It's also worth noting that if you did not receive the initial notice, the debt collector may have violated the FDCPA's requirements for providing notice. You may want to discuss this with your attorney, as it could potentially provide you with additional legal rights and options.

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