Consumer complaint received 2019-09-18
Company: Solomon and Solomon, P.C.
State: NY
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
I WOULD LIKE SOLOMON AND SOLOMON P.C. TO WITHDRAW THEIR LEGAL ACTION AS THEY HAVE NOT FOLLOWED THE SPIRIT AND LETTER OF THE FDCPA LAW : I never received a letter from Solomon and Solomon P.C. dated XX/XX/2019 at my address. Because I never received the supposedly mailed letter, I did NOT get a chance to dispute the debt which is my legal right. 

Solomon and Solomon has started legal action against me without following the Fair Debt Collection Practices Act which states that : A collector has to send you a written validation notice within five days of first contacting you. The notice has to say : 1 ) how much money you owe 2 ) the name of the creditor you owe it to 3 ) what to do if you dont think its your debt The Act requires debt collectors to do the following ( among other requirements ) : Identify themselves and notify the consumer, in every communication, that the communication is from a debt collector, and in the initial communication that any information obtained will be used to effect collection of the debt [ 30 ] Give the name and address of the original creditor ( company to which the debt was originally payable ) upon the consumer 's written request made within 30 days of receipt of the 1692g notice ; [ 20 ] Notify the consumer of their right to dispute the debt ( Section 809 ), in part or in full, with the debt collector. The 30-day " 1692g '' notice is required to be sent by debt collectors within five days of the initial communication with the consumer, though in 2006 the definition of " initial communication '' was amended to exclude " a formal pleading in a civil action '' for purposes of triggering the 1692g notice, [ 31 ] complicating the matter where the debt collector is an attorney or law firm. The consumer 's receipt of this notice starts the clock running on the 30-day right to demand verification of the debt from the debt collector. [ 20 ] Provide verification of the debt [ 32 ] If a consumer sends a written dispute or request for verification within 30 days of receiving the 1692g notice, then the debt collector must either mail the consumer the requested verification information or cease collection efforts altogether. Such asserted disputes must also be reported by the creditor to any credit bureau that reports the debt. Verification should include at a minimum the amount owed and the name and address of the original creditor. [ 20 ] File a lawsuit in a proper venue If a debt collector chooses to file a lawsuit, it may only be in a place where the consumer lives or signed the contract [ 33 ] Note, however, that this does not prevent the debt collector from being sued in other venues for violating the Act, such as when the consumer moves outside the venue and a letter demanding payment is  forwarded to the new address, even if the debt collector is unaware of such a change in residence. 

On XX/XX/2019at XXXX I was physically served a Summons at my home address by a process server. The Summons was dated XX/XX/2019. The Summons states that since I was physically served that I have ten ( 10 ) days to answer the summons by filing and answer with the Plaintiff 's attorney and if there is no attorney for the Plaintiff present I am to file an answer at the Plaintiff 's address of XXXX XXXX XXXX, XXXX, NY XXXX. I have uploaded a copy of the Summons. The Summons was for a Tuition debt that is owed to XXXX XXXX XXXX College. The debt amount is {$1300.00}. I have previously attempted to pay the debt in installments on the XXXX XXXX XXXX College website starting on XX/XX/2019. The XXXX XXXX XXXX College website would not allow me to make partial payments on the debt. The XXXX XXXX XXXX College website would ONLY allow me to pay the full amount of the debt, {$1300.00} and I have uploaded proof of this fact.

Company response to consumer: Closed with explanation