According to the victim he had leased a car in 1996 and completed the lease payments as scheduled in 1999. Neither the bank nor the dealership ever told him that he owed any additional money for the lease.
His lawsuit alleges that when he received a letter from Cavalry Portfolio Services, he promptly requested a copies of statements showing that there was an outstanding balance for the lease. However, instead of validating the debt, Cavalry Portfolio Services violated the Fair Debt Collection Practices Act (FDCPA) by suing the consumer. After he was served he sent a 2nd request for validation of the debt pursuant to the FDCPA. Cavalry Portfolio Services, then attempted to validate the debt by mailing the consumer a copy of the lease without any documents supporting an outstanding balance owed.
The Fair Debt Collection Practices Act (FDCPA) requires debt collectors to validate a debt if the consumer disputes that they owe any money.
The consumer wisely exercised his rights under the Fair Debt Collection Practices Act by sending the collection agency a validation letter in writing.
Assuming the facts alleged in the consumer’s FDCPA lawsuit are true, Cavalry Portfolio Services violated the Fair Debt Collection Practices Act by failing to validate the alleged debt before it filed the lawsuit against the consumer.
If you have been harassed by a debt collector in violation of the FDCPA, you may be entitled to compensation. Please give Consumer Protection Attorney, Todd M. Friedman a call at 877-449-8898 for a free consultation.
