cran Posted October 27, 2004 Report Share Posted October 27, 2004 I want to file a lawsuit against Academy, but I need some opions if I can. Back in June they called and my girlfriend talked to them on the phone. They usesd some type of scare tactic and she made 3 $250 payments out of her bank account. They were calling me at work all the time even after my boss told them I could not accept personal phone calls. He called after the 3 payments were made asking for another good faith payment, so I told him $200 but I would probably have to cancel because lack of funds. I called 3 days before it was suppose be deposited and canceled the payment. Low and behold the payment went through and my girlfriend did not have the money so there was an overdraft fee. I finally found this website and did a lot of reading, so I sent them a dv letter. I also at the same time wrote my attorney general. About a month ago I got my response back from my AG, and Academy claimed that she gave the payments to them. It also stated that I did call and cancel the check, but because of an error on there part it was put back in the system. Academy says they will refund my girlfriend her $200 plus overdraft fee. Now the kicker is, at the end of the letter it states my account is now closed in there office, any payments should be directed to the oc. They never validated my debt. My question is can I sue them becuase they collected money from me and never validated? Link to comment Share on other sites More sharing options...
admin Posted October 27, 2004 Report Share Posted October 27, 2004 Interesting question and one I've never seen before. I honestly don't know. Legal opinions?(I'm bumping this). Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 28, 2004 Report Share Posted October 28, 2004 Who's debt is it? You are not clear about that. You might have a good case if your gf testifies they bullied her into making the payments. Also, the FDCPA requires collectors to send noices out before they rip money from your bank account. You and she may have a violation there. Just remember there is a 1 year SOL on FDCPA claims, so you need to move quickly. Link to comment Share on other sites More sharing options...
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