Arbitration,debt collection

Asked almost 7 years ago - Pennsylvania

Creditcarddebt, the debtcollection attorney never validated the debt (FDCPA Section 809(b) ) and forced me to a court ordered arbitration.

The panel awarded the attorney and did not accept my "answer to complaint" letter which was the fact that the debt never was properly validated!

Attorney answers (2)

  1. Michael J. Shavel

    Contributor Level 7

    1

    Lawyer agrees

    Answered . A failure to validate the debt is a violation of the Fair Debt Collections Practices Act and would entitled yout to statutory recovery together with an award of legal fees. However all that is required to validate the debt is to evidence the original account holder and the amount due. Arbitration awards are generally enforceable except in the case of fraud of failure to follow due process. If the arbitrator did not consider your answer of defense under the FDCPA, you may have grounds to reverse the arbitration, however there are time periods for you to observe.

  2. Elizabeth Rankin Powell

    Contributor Level 20

    1

    Lawyer agrees

    3

    Answered . You are lucky to have a great resource available - I think his name is Lawrence Rubin and his website is http://www.pennlawyer.com. He can help you. He is licensed in PA. Hope this helps. Elizabeth Powell

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