Re: Violation of Fair Debt Collection Act?

On Sat, 14 Jun 2008 13:51:33 GMT, McGyver wrote:

"Sara Brown" <SaraTGinMD@xxxxxxx> wrote in message
news:694b96f7-fcfd-4be6-a8fc-6f2846a3cce4@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Hello all..To make a long story short about 10 years ago I went thru a
rough time in my life and mistakenly co-signed credit stuff or helped
bad people and ran up large credit card debts..My life fell apart and
I was unable to pay back any of the money..I barely lived from week to
week..Most of the creditors have long since disappeared but every now
and then I get a letter saying this account or another has been bought
by so and so and they will setlle for 50% or whatever of the
money..I`m sure they probably bought my old account in some package
deal and paid $10 for it...Anyway yesterday a woman called and
identified herself as "Special Agent Johnson" and said I was about to
be subject to a Civil Suit and that I needed to contact thier "Lead
Investigator" right away to head it off. I told her to have them mail
me something...I looked at the caller ID and saw the number and called
it back and the woman who answered said "Litigation
Services"...Another woman from the same place called back today and
said I was going to be sued by Maryland State if I didn`t call their
Lead Investigator..I called this man up and he started telling me
about some old credit card account I had and that was at one time
$2000 and he says it`s now like $6500 with interest and if I didn`t
pay it I`d be taken to court and would face another $3000-$5000 in
attorneys fees but if I sent them half the money now I could head it
off. I told him that was impossible and he said, "Well then give me
your correct address so I don`t send the uniformed officers to the
wrong house"...This has gotten me all upset...Can these people say all
these things to me?..Is this simply an extra aggressive collection
agency?...I know some people may read this and figure I`m just some
deadbeat bum thief but I am not a bad person and I got nothing from
the original debt and honestly can`t repay this money and even if I
could I know whoever has this account now most likely paid little or
nothing for it and I`d hate to reward that type of person..Thanks for
any input

The actions of the collector are violations of the Fair Debt Collection
Practices Act, but the quality of your evidence is not good enough yet to do
anything about it. Your statements about what was said are evidence, but
you need more. Here's the plan:

You should write to the collection agency. Use your own words, but the
message is:

"Your firm has been contacting me concerning a debt I allegedly owe to Xxxx.
Any such debt is barred by the statute of limitations. Do not contact me
again about this matter in any way."

Make it plain and simple language, keep it short and polite, make sure it is
dated and signed. Don't describe any history about the relationship with
the creditor, or what the the collection agency or you said or did during
the collection efforts. Some of that might matter someday if this
collection goes to litigation, but it should not be in this letter.

Use Certified Mail, Return Receipt Requested. Put the Certified Mail Item
Number on the letter. (In order to do that you will have to get the form
from the Post Office in advance). Keep a copy of the letter, the Return
Receipt and the mailing receipt in a safe place.

If the collection agency contacts you again in any way other than by filing
suit and serving the summons and complaint, take the letter to an attorney
experienced in handling cases under the Fair Debt Collection Practices Act.
Make sure to select an attorney who will take the case on a contingency fee
basis. Such an attorney won't be hard to find if you have some sort of
evidence that the the collection agency contacted you after they received
the certified letter.

If the statute of limitations has not run out, or if the original contract
has a clause extending or waiving the statute of limitation, and with the
advice of your attorney you decide to go ahead with this plan anyway, leave
that part about the statute of limitations out of the letter. That sentence
is in my draft because it will help chase away a collection agency, but it
has nothing to do with Fair Debt Collection Practices Act. Leaving that
sentence in the letter knowing it isn't true would be a lie, and you should
not lie to the collection agency or anyone else.

If the collection agency continues its collection efforts, your attorney
will sue and you should be receiving money, not paying it.

Nothing Richards said was good advice except the part about seeing an
attorney. It would be useless to contact the original creditor. It would
be ok to tell the collector about the FDCPA, but telling them orally is not
helpful when evidence of the telling is needed. And the fact that the
collector violated the FDCPA does not mean the debtor doesn't owe the money.
If the original debt obligation was sole, the debtor owes the money to
whoever bought the debt, regardless of the debtor policy against paying
anyone but the original creditor.

This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com

McGyver

Excuse me mac, but I don't believe any contract can circumvent the laws.
The SOL over rides any contract. Even if the creditor demanded you sign
such an agreement.

You say that the debt belongs to the owner. Not true.
I go to a store, buy a TV on credit and wind up owing a $1,000 and unable
to pay the debt. After some years lapse for what ever reason, you come
along, see that debt and they sign a contract with you to "make an attempt"
at collecting that debt.
Did I sign a contract with you? No I did not.
Your contract is with the store to the point of collection. If that's
possible. You get paid when you collect. IOW, you become an agent of the
store.
I still owe the debt to the store, regardless. If I contact the store and
agree to pay them directly, you get nothing.

I owe the collection agency nothing. Not even so much as the courtesy of a
return phone call.

That's what the FDCPA is all about.
.

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