Here's Midland's collection activity. -Friday November 29, 2002, phone call from Midland @ approximately 3:00 pm telling me I must pay debt. This is their initial communication with me. -Monday December 9, 2002, phone call from Midland @ approximately 2:30 pm. Attempt to negotiate with me to pay half to settle debt. I used the "Abbot and Costello, Who's on first?" approach to confuse them. -Monday January 13, 2003, voicemail message from attorney @ 10:40 am. I presume representing Midland since no other CA's have contacted me. I returned call twice and each time got someone's voicemail. I decided to not return any other calls to avoid playing phone tag. -Tuesday February 18, 2003, another voicemail message from attorney's office asking me to call back referencing some #. Under FDCPA section 809, Midland did not send any written notice containing any of the 5 parts in subsection (a). Now I get 2 calls from their attorney. Is the attorney now considered to be a debt collector? I have gotten two calls from them a month apart with no order to appear regarding any civil suit. If they were going to sue you'd think they'd do it by now. Under Arizona statute Title 12 Chapter 543 open account suits must be brought within 3 years of incurrance. It has been 3 and a half years. U.S. TILA Title 15 ch. 41 subch. I pt. A sec. 1602i defines "open end credit plan" and it sure looks like a duck and quacks like a duck. Now here's the big question. Should I send a cease and desist to the CA, the attorney or both?
This is purely an opinion from one of the many participants here so like all advice, take it with a grain of salt. I think the answer to your questions depends on whether or not the person contacting you is actually an attorney or a debt collector who is illegally representing him/herself as an attorney? If it is an attorney, there was a segment on NPR the other night in which the reported stated that when an attorney becomes involved, then they also are bound by the statues of the FDCPA. Alternatively, if the person calling is not actually an attorney licensed to practive law in the state in which you reside, then not only is that a FDCPA violation, in many states it carries severe civil/criminal penalties relating to the practice of law without a license as well as possible action/punishment (sanctions/reprimand) from the National Bar association. Get the Attorney's name and check with the state bar association to see if the attorney is licensed in your state of residence. If not - time for civil/criminal charges! Also, try to find out other states in which the attorney is licensed and contact the state bar in those states to see if the attorney has any ppast/pending grievances?
When returning the calls from the attorney's office I asked the receptionist what it was regarding. I was transferred to a paralegal's voicemail. The greeting on the voicemail mentioned that if my call was in regards to an outstanding debt press (1) etc... It was however an attorney's office in Phoenix, AZ which is in my state of residence.
kgrant, if this debt is out of statute, it doesn't matter what you do. You can choose your weapon, and enjoy the fight. Even if this "attorney" does try to sue you, you have an absolute defense. You would just have to present it to the court. So, I would send a nice little letter telling Midland and their so-called attorney (I doubt it), to cease, get lost, pound sand, and if you hear from them again, you will sue them for FDCPA violations, and possibly bring fraud charges against them for implying that they are taking legal action on an uncollectable debtl abuse of process if they should take you to court, and maybe a complaint with the local and state bar assoc if the "attorney" really is an attorney and comes after you again. To sum it all up, I think there is no attorney, this is just a scare tactic because they know they have purchased a debt that can be collected in no other manner.
Twas nothing more than a mere thirty minute wait on the Arizona AG info line and they transferred me to the AZ legal library whom assisted me in locating the info on the web. It wouldn't hurt for anyone to check with their state AG. They were a big help. BTW, the attorney (Kaplan Law Office) is listed in the Phoenix directory. I think they are using their legal service to attempt to scare me.
