Expert Opinion

Questions About Collections

Dear Melissa Douros,
I have been paying a collection agency the monthly minimum payment for approximately 1 year now. They have informed me that they are not charging interest. A few days ago, I was trying to reconcile my records as to all the payments that have been made, and my records do not coincide with the collection agencies records. What the collection agency told me was that their agency took over in January of 2009, and prior to that time, another agency had this account. The other agency charged interest, etc. and they don\'t have a record of the breakdown from that company, they do show that payments had been made, just not an amount or how they were applied. I am trying to determine if, by law and/or contract, the prior agency had a right to charge me interest.

Do I have a right to request this information from the agency, even after I\'ve been making monthly minimal payments?

Jan T.

Dear Jan,

Absolutely! The Fair Debt Collection Practices Act specifically states that if you request a breakdown of your account that has been placed with a collection agency, they legally must provide you with this.

One of the reasons is that unfortunately, fake collection agencies will make up debts and try to scam people into paying them. Another is for your situation. Most states will not allow a collection agency to arbitrarily add fees, unless it is originally stated in the contract with the original creditor, or they do not go above and beyond a reasonable amount.

I would definitely contact the collection agency and if they give you any issues, send a certified letter with this information:

ยง 1692f. Unfair practices: (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

Do YOU have a question for Melissa Douros? Email at melissa@dovcocs.com.

As the owner of Dovco Collection Solutions, Inc., Melissa Douros uses her eight years of being a collections specialist to offer advice and answer questions pertaining to debt collection. With running her own successful collection agency, she seeks to keep debt collectors accountable for their actions and in line with the law.

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