Fair Debt Collection Practices Act Stops Collection Of Settled Or Paid Debts

Last updated:
March 25, 2018

The Fair Debt Collection Practices Act ("FDCPA") and related consumer laws can stop unscrupulous debt collectors who try to collect settled or paid debts in Pennsylvania. Violations of these statutes can result in payment of damages for the debtor, including attorney's fees.

Although it is a violation of the Fair Debt Collection Practices Act ("FDCPA"), unscrupulous debt collectors often try to collect settled or paid debts. Frequently, such debts end up in the hands of "vulture" debt collectors or "zombie" debt buyers who may know that the debt has already been paid. In my bankruptcy and debt resolution practice in Philadelphia, I have seen clients who were harassed unmercifully by these types of collectors over debts that they had paid (or even phantom debts that they did never owed). Fortunately, there are steps you can take to put a stop this type of harassment:

Know the Law

Violations of the FDCPA

When a debt collector attempts to collect a debt that has been settled, and it persists in doing so after being presented with evidence that the debt was paid, it violates the federal Fair Debt Collection Practices Act. It also violates similar state laws, such as the Pennsylvania Fair Credit Extension Uniformity Act ("PFCEUA"). Violations of these statutes can result in damages for the debtor, including attorney's fees.

Violations of the FCRA

If a debt collector or creditor reports a settled and paid debt on your credit report as unpaid and does not correct it, it is a violation of the Fair Credit Reporting Act ("FCRA"). Like the FDCPA, the FCRA provides for damages and attorney's fees.

Quick Note: Always get any settlement with a creditor in writing and keep copies for your records. Check your credit report two or three months after the settlement to make sure the account is listed as paid. You cannot assume that a creditor will properly credit your account or report accurate information to the credit bureaus.

Let the Collection Agency Know That You Know the Law:

What should you do if a debt collector tries to collect a paid debt? If no lawsuit has been filed against you, the first step is to write to the collection agency (via certified mail) to (a) demand verification of the debt, and (b) inform the collector that the matter is settled. Under the Fair Debt Collection Practices Act, the collection agency must then verify that you owe the debt. If it cannot verify the debt, it must stop all collection efforts. Debt collectors prefer to pursue people who do not know their rights. Therefore, this initial letter will frequently stop all collection efforts.

Quick Note. Because older debts tend to be sold over and over, many are not documented in any meaningful way. If a debt has changed hands several times, it is quite possible that the current creditor or collection agency will not be able to obtain proper documentation of the debt. Debtors often win such cases in court.

Respond to Lawsuits Promptly

If an agency files a lawsuit against you, it is vital to respond to the complaint by the required response date, preferably after consulting an attorney. There are several defenses you may wish to raise to any collection lawsuit, including

  1. The debt is paid in full (again, keep those settlement documents),
  2. The Statute of Limitations has expired (common, if the debt is old), and
  3. The creditor cannot prove that the debt is owed (i.e., documentation is lacking), etc.

You may also wish to claim when appropriate violations of the statutes we discussed earlier, such as the Fair Debt Collection Practices Act. Be sure to respond to any lawsuit in a timely manner, or you may lose your defenses.

Seek Counsel

Most importantly, do not hesitate to seek an experienced attorney's advice when dealing with collection agencies. Many bankruptcy and debt resolution lawyers relish a good fight with an abusive collection agency and will be happy to talk to you.

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About this Blog

Philadelphia Bankruptcy Attorney is published by Harborstone Law. Harborstone Law represents clients in bankruptcy and debt relief cases throughout Philadelphia and the surrounding Pennsylvania counties.

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Authors
Dan Mueller is a bankruptcy attorney and partner at Philadelphia-based Harborstone Law. Dan helps people and small businesses resolve serious financial and legal issue through bankruptcy and non-bankruptcy debt solutions.
Paul Midzak focuses his practice on debtor defense, dispute resolution, consumer protection law, and Chapter 7 and Chapter 13 bankruptcy. He also advises businesses on a variety of legal matters.
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Harborstone Law represents clients in bankruptcy, debt, consumer, and small business matters throughout Philadelphia, Montgomery, Delaware, Chester, Bucks, Berks, Lancaster, Lehigh, and Northampton Counties in Pennsylvania.
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