Yes. The Fair Debt Collection Practices Act requires that claims be filed in court within one year after the violation. Some courts interpret this to mean no later than the first anniversary, others say that it means before the first anniversary. If you think you may have a claim which is approaching one year old, contact an attorney immediately.
Get to an attorney as soon as you can. You must file an answer before the time expires. The time period is different in every state. Your case is much more difficult to defend if you are out of time or a default judgment has been entered. Look for an attorney experienced in defending these cases. Try your local bar association or the National Association of Consumer Advocates.
If you would like, we will take a look at the letter and give you our opinion. Please scan the letter, including anything on the back of any pages and, if possible, the envelope. Please save as a PDF file (Adobe Acrobat) and email to us: webinquiry@philipstern.com
Do not delete the message. When a debt collector leaves a message on an answering machine or voice mail, the majority of court decisions say that the message must identify the collection agency's name, the purpose of the call and either state that the call is from a debt collector or that the call is an attempt to collect a debt. Otherwise, the debt collector may be in violation of the FDCPA. Save the message and contact an attorney who has experience with the FDCPA. We would be happy to help you with any questions you may have.
