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  Use this defense when the plaintiff bought your debt from the person or company that you owed money to. Because you never signed a contract with the plaintiff who bought your debt, you can ask if the plaintiff can sue you (also known as standing to sue you). The plaintiff must prove to the court that it owns your debt. To do this, the plaintiff must have a contract of sale (assignment) that says your debt has been sold. 9. The NYC Department of Consumer Affairs shows no record of plaintiff having a license to collect debt. Use this defense when the plaintiff is a debt buyer, not the company that you charged money to. Most debt buyers must be licensed by the New York City Department of Consumer Affairs. If the plaintiff is not licensed, that is a defense to this case.
  
  It also varies with the type of debt involved, whether it is a credit card debt, promissory note, or some other type of debt. The statute of limitations that applies is generally the one in the state where you live. It may be in the state where you incurred the debt if you have moved during this time. Which state’s statute of limitations applies may also depend on the language in your loan document. Can I dispute a debt at any time? Yes, you can dispute any aspect of the alleged debt, orally or in writing and at any time. Also, if you do dispute the debt and the collector reports to credit reporting agencies, they must list the debt as “disputed? The collector must send you a written notice telling you the amount of money you owe within five days after you are first contacted. This information must include the name of the creditor to whom you owe the money, and how to proceed if you believe you do not owe the money.
  
  Do not speak to them on the phone. Most importantly, do not make any payment on the debt. A payment, no matter how little it may seem, will likely reconfirm the debt and start anew the running of the statute of limitations. Your rights are protected under the Fair Debt Collection Practices Act. Review these frequently asked questions for an overview of what a debt collection agency or creditor legally can, or cannot do, in their efforts to collect money from you. Please contact our firm for help if you think your rights have been violated. You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again, except to tell you there will be no further contact, or to notify you that the debt collector or the creditor intends to take some specific action.
  
  You have many rights under the Fair Debt Collection Practices Act (FDCPA) when a debt collector is trying to collect money from you. To preserve your rights under the FDCPA, you must send a written dispute letter to the debt collector within 30 days of your receipt of the first “validation notice” from the debt collector. Please make sure you are courteous in your letter and please mail it by certified mail, return receipt requested to verify that the debt collector received it. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. 6. Threaten that you will be arrested or jailed for failure to pay. Debt collectors may not use any false or misleading statements when collecting a debt. 8. Threaten that actions, such as a lawsuit, will be taken against you, when such an action legally may not be taken, or when they do not intend to take such action. 3. Use a false name in their attempts to collect your debt. Debt collectors may not engage in unfair practices when they try to collect a debt. 1. Collect an amount that is greater than your debt, unless your state law permits such a charge.
  
  Source:
  
  - https://nocollectioncalls.com
  Tags:
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