here's the deal. when my bank account was fraudulently used last spring i had a couple return checks. it was for $27 i rec'd no notice until the lawyer wrote me claiming judgment for $127. i asked for DV, proof of license and agreement with company to collect on their behalf. he sent a copy of check and that was it. i wrote back asking for the other items. today i get a summons and complaint notice. i know for a fact they aren't licensed but in Minnesota they are not required to be unless 30% or more of their business is in debt collection. i see my options as follows: 1) answer summons and complaint 2) pay the debt to the lawyer 3) pay the original creditor what are your opinions on how to handle this? I am thinking i should pay the OC plus say $30 returned check charge therefore nullifying the S&C.
Personally, I would answer the complaint and file a countersuit against him for FDCPA violation of continued collections without debt validation. If you don't he will seek not only the $127 but several hundred (or thousands) of dollars in legal fees in addition and will win them on a default judgement. You may also wish to file a cross-claim against whomever fraudulently used your account (if you know who). Contact the OC and let them know that the collector is violating the FDCPA and that they will also be held responsible for his actions. Offer to settle the account if you wish with the OC, but still press forward with your counterclaim. Thats my 2 cents...good luck.
Out of couristy, if your account was used fraudently did you file a report with the bank or anything like that??
the attorney provided a copy of the check however he sent no proof that he was authorized to collect on behalf of the OC. oh yes, the bank is fully aware of what happened, but that was another thread my next question would be how do you best answer a S&C?
and how exactly do i do that? he sent a copy of the check but i dont know if its a copy of the original. i should add that the AG suggested i ignore the S&C and pay the OC. or should I ignore the S&C and pay this lawyer?
