Full question:
I have been served on an old credit card debt (last payment in February of 2008) and would like to offer a settlement to a 3rd party collector - offering up to $8,000 on $26,000 debt. This collector and several others that were assigned to it before repeatedly violated FDCPA. The suit, in fact, was served at my in-law's home, a place in another parish where we have never lived or listed as our address. We have repeatedly given them our correct mailing and physical address. A collector also called my father's home and told disclosed specific details regarding the debt - amount, creditor, etc. Should I mention these violations in my settlement letter or let it go?
- Category: Debts and Credit
- Subcategory: Fair Debt Collection Act
- Date:
- State: Louisiana
Answer:
Deciding whether to mention FDCPA violations in your settlement letter is a personal choice. While I can't provide legal advice, it may be beneficial to include them, depending on how you frame it and the tone of your communication. Under the Fair Debt Collection Practices Act (FDCPA), specifically section 804 (15 USC 1692b), debt collectors have strict rules about contacting third parties for location information. They must identify themselves, not disclose that you owe a debt, and limit their communications. If violations occurred, highlighting them could strengthen your position.This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.