Knowing that why do we even deal with them in the first place.? Isn't it better to avoid the problem by not getting envolved with them in the first place rather than doing business with them and having to try to fix things( which may or may not work) after they put the screws to us? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ When oh when are folks going to wake up ?
wolverine, no, I am not an attorney. I "feel" like I have to know as much as one sometimes, though. I'm in real estate and there is So-o-o much law you have to know in our business, too, to prevent you from getting sued or losing your license. The law professor I was referring to was one that I took all of my real estate law courses from. He is a real estate attorney.
Why don't people file earlier on? Because a judge likes to see that you *tried* to work things out. If you can go in front of a judge and say, look, Judge...I tried to work with these people...I gave them every opportunity and bent over backwards to resolve this outside of litigation...well, then you have a case. IMHO, a lawsuit should be a last resort. If you go in front of a judge and say...well, I sent them a letter and told them to answer me in 7 days and then gave them another 48 hours...well....the judge might not think you were being reasonable in expecting them to respond that quickly. I personally believe the key is "reasonable time frame". Since the FDCPA does not state what exactly is reasonable...I think you have to use some common sense. I hate the waiting, but felt like it built a stronger case by sending the 30 day letter, then another 30 (okay...I'll concede to 15...lol) and then maybe another 15 or a 7...and then a final fax with a copy of a draft of the complaint just prior to filing with 24-48 hours to respond. This is just how I like to do it and I could be way, way wrong. L
Whyspers, I FULLY understand what you are saying and agree with you. Understand that I am not involved in the law profession as you are and can only try and do as you stated, "use common sense". I just "feel" that since the "LAW" says that they have 30 days, that's what it means and if I give them another 7 and then another 3, I "feel" like I HAVE done my best. I guess what I am trying to convey is, what I "feel" and what really "IS" are two seperate things, and I know this. I am one of "THOSE" persons who wants "Instant Gratification" and it's a constant daily struggly to contain myself (in ALL that I do). I just want to know or least have all of the confidence that I "DID" do my best so that I can get the outcome that's in MY best interest. I do not want to give them a DAY longer than I have to, in order to prove that I "DID" do the best I could in front of a judge. I definitely don't want the judge to think that this poor girl doesn't have a CLUE! Even though, I don't! LOL I am also depending on you guys that post on this board frequently and have a "CLUE" as to what's going on, to help me in my journey out of CREDIT IGNORANCE. ) I am an EXTREME-ly pASSionate individual and tend to be overzealous at times. US NEWCOMERS "NEED" YOU GUYS TO KEEP US "IN CHECK"! I want you to know that I APPRECIATE ALL of you! On a more personal note. . . . . . Whyspers, I cannot say how much I commend you for the things I have read and seen that you are doing!! Shoot! I thought that "I" was a "GO-GETTER"!! You are awesome!
<blush> Thanks. But everything I know is because of creditnet. The people here have taught me a lot and pointed me to the areas I needed to study in order to be able to make progress. I can't take any of the credit. The lawyers I work for do a bit of everything. Each has areas they prefer and so while I get a mix of work, NONE of it is credit related (unless you count the bankruptcies). I knew NOTHING back in October. Oh, I did want to ask where you saw that the law says they have 30 days to respond? I know that is posted a lot, but so far I haven't seen it backed up by actual statute or caselaw. L
Whyspers, I CHEATED AND CALLED FTC. THE ONLY THING THAT THEY COULD FIND WAS WHERE IT TALKED ABOUT THE FIRST POINT OF CONTACT THAT THE CA'S HAVE 5 DAYS TO PROVIDE A WRITTEN STATEMENT. IT TELLS "WHAT" WORDING THE CA "HAS" TO INCLUDE BLAH, BLAH, BLAH. WHICH INCLUDES THE STATEMENT ABOUT 'YOU HAVING 30 DAYS TO DISPUTE " . . . I GUESS THAT SINCE WE INITIALLY HAVE 30 DAYS TO DISPUTE, AND THE CRA'S HAVE 30 DAYS TO VERIFY, . . . I HAVE CONCLUDED THAT "THEY" ALSO HAVE 30 DAYS TO VALIDATE/VERIFY. I HAVE SEARCHED AND CANNOT FIND ANYTHING. MAYBE WE SHOULD POST THIS QUESTION AND GET EVERYONE LOOKING.
