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New Member
Posts: 7
Registered: ‎09-11-2013
0

Help with collection

In March I filed for bk7. Received discharge in July. In September, I received a notice from a collection agency about a gym membership I cancelled in October 2012. I never got another charge or statement from the club. So, imagine my surprise when I get a notice from a collection agency saying I owe $665. I wrote to them, disputing the charge, sent them a copy of my bk7 discharge. Now I check my CR and the charge is on there. Any suggestions?
Rebuilding
BK7 d/c 7/3/2013
TU: 623 (fako?) EX: 573 EQ: 529
Highlighted
Moderator Emeritus
Posts: 32,865
Registered: ‎08-04-2007
0

Re: Help with collection

Was this gym membership included in your BK and on your BK docs?

New Member
Posts: 7
Registered: ‎09-11-2013
0

Re: Help with collection

No...it wouldn't have been because I didn't even know I owed them. To my knowledge they closed my membership when I requested it to be closed. I was shocked when I received this notice from the collection agent...first communication in 10 months and it's from CA.
Rebuilding
BK7 d/c 7/3/2013
TU: 623 (fako?) EX: 573 EQ: 529
Community Leader
Epic Contributor
Posts: 26,021
Registered: ‎03-19-2007
0

Re: Help with collection

So the issue is apparently the legitimacy of the debt, if it was not included as discharged under the BK.

Was your letter to them identified as a request for debt validation under FDCPA 809(a), a dispute under FCRA 623(a)(8), or simply an informal communication?

 

If not, you can begin the process of requiring they conduct a reasonable investigation, and verify back to you that they consider the debt legitimate.

While that alone will not require them to provide documentation or "prove" the legitimacy of the debt, it can either requrie them to cease collection activity, if sent in the form of a DV, or require formal verification within 30 days, if sent as a direct dispute.

 

If they formally verify, you then have their statement that they have conducted an investigation and have basis to verify the accuracy.

If you still disagree with the debt itself, you can initiate action to get the matter before a judge, with possible civil penalties if they can be shown to have verified without conducting a reasonable investigation or that the results of their investigation would not support their verification.

 

If the debt is legit, it apparently remains unsatisfied, and they would be justified in their collection efforts.

Do you contest the debt?

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