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On XX/XX/XXXX I received a letter from Fulkerson & Wing P.C. stating that I owed {$4700.00} to a 3rd party and I needed to submit payment. The letter was dated XX/XX/XXXX, with a postmark of XX/XX/XXXX. Included in the letter was a model petition to the court - an official looking document that, when combined with the text of the letter, comes across to me as a threat of legal action. I immediately called the firm and was told to send in my dispute via email and call back on Monday because the speaker was not in the office.
I feel that the letter text and inclusion of the model petition violates the The Fair Debt Collection Practices Act by deliberately attempting to intimidate and mislead the least sophisticated consumer. While the letter text is careful to not to directly say that firm is taking you to court, it does go to lengths to let you know what could happen if you are taken to court.
In my opinion, this tactic is a threat of a law suit that the firm has issued at a stage in the process where they have not collected enough information to determine if they intend to file a petition.
I am not certain if this constitutes a violation of the The Fair Debt Collection Practices Act, but I know it feels like a violation against my rights to not be threatened by an entity attempting to collect a debt.
Please find a copy of the letter and model petition attached to this complaint.
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