Is this debt collection lawsuit legal?
(Sun City West, AZ, USA)
I received a Notice of Debt from a Debt Collector who is licensed as a Debt Collector in Washington State, but not licensed here in my home State, Arizona. I replied to his Notice and told him I was aware he was not licensed in Arizona.
He is now suing me for the alleged debt. He is now the Plaintiff in the suit and is represented by a lawyer who is a debt collector licensed in Arizona.
Is this legal?? Is this a legal way to skirt the AZ licensing requirements for a debt collector to be licensed: e.g. posting a $10,000.00 bond?
I appreciate your help and advise.
Reply from DebtCollectionAnswers.com
Here is the good news Mike. You can get an absolutely free consultation from an attorney in your state who can tell you whether this lawsuit is legal. If it's not, the attorney will no doubt be happy to represent you for free because the collection agency will have to pay the attorney's fees if it is breaking the law.
And if it's not, the attorney can alert you if there are other ways it is violating the FDCPA.
Most consumer law attorneys who take these types of cases tell us that most of these lawsuits are flawed and the collectors can't prove that you owe the debt.
So we recommend you go ahead and contact a consumer law attorney for advice.
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