Friday, April 15, 2005

Case of the Week: 4/12/05

County: Randolph
Age: 65

Our client is an elderly lady who contacted us regarding a collection notice she received for a debt she does not believe she owes. I reviewed the notice, which fails to state the creditor on whose behalf they are collecting. The collection company, holding itself out as an attorney's office, has also contacted her threatening to sue if she does not pay. They have also threatened that if she does not pay she will owe 10 times more than she currenly owes. I explained that the company may be in violation of Consumer Protection Laws. I forwarded her a complaint form for the West Virginia Attorney General's office. I also explained her right to send the collection company a cease letter. I also evaluated her case and informed her that the likelihood of the company actually suing is slim since the debt is very small and the company is out of state. It would cost more for the company to hire an attorney and pursue the debt.

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