Hi, I'm a newbie. I'll try to be as brief as possible. Here's my situation. I had a repo, due to husband being out of work. They told me they were selling the car at public auction. They sold at a private auction. They said they'd settle for $3000+ on a $6000+ debt, I didn't have any money so I just ignored. I guess it was handed over to a local attorney who served me papers which I never received or signed for. I was being sued and everything I had was going to be seized. I panicked, hired a lawyer and got nowhere. The best I got was paying off the whole balance plus court costs and legal fees. I pay $150 a month for the next seven years. Anyway, it's been a year, I've never been late. Every month, I get a letter for me and 1 for my husband stating my new court date. I called the 1st time and asked what it was all about and the secretary said to just ignore it as long as I keep making payments. I consider this harassment. Does anybody here know if I have any legal recourse against this law office who specializes in collections? I reside in the state of RI. Thanks, Melisa P.S. That was as brief as I could be
Yes, she is telling me that as long as I keep making payments, the court day is postponed. They send out 2 new letters each month. I hate it too, because in the window of the envelope, you can see what I am being sued for so the postman knows my business. Uggg!
in the window of the envelope, you can see what I am being sued for so the postman knows my business. Uggg! ----------------------- Violation
$150 * 12 months * 7 years = $12,600 Man, they really got you good. What interest you paying on this? You need a better lawyer.
DH & I have the same type of situation that with a judgement from his business. We give the attorney several post dated checks so that we don't have to mail or drop them off each week. The attorney sets a court date monthly (sometimes he will let it go for 2 months). As long as we are making our payments, we do not have to go to court. The attorney just submits a court form to postpone the court date to a later date. Personally, I think it is a waste of their time to have to keep doing this on a monthly basis but that is how they handle it. Good luck! paw67
lbrown, Can you tell me what violation that is exactly? I've been reading everything on the board for 3 days now and I can't find anything specific to my predicament. I'm also intimidated because the collection is from a law office and they hit me with a Writ of Execution a year ago. I was scared to death and that's why I hired a lawyer. He was able to stop the Writ of Execution, but didn't help with much else obviously. Maybe I'm off on how long I have to pay. I don't have the paperwork at hand. I know it was more than I owed though. They said it was for court costs. Thanks to all who've offered advice, Melisa
Melisa, I believe the violation comes in where you stated that the postman can see why you are being sued through the window in the envelope. paw67
I think the next time you get a "letter" giving you a court date, you should call the court straight away and confirm that in fact a date has been scheduled. Should there not be, they've broken damn near every provision of the FDCPA I can think of. Sassy
Malviti, This is a lie, from your original post: I was being sued and everything I had was going to be seized. That doesn't happen. They just want you to BELIEVE so. They took they vehicle and they have a certain amount of time to try to recover any deficiency. That is if they did the repo right, which most don't. I don't know what the time frame is for your state, click here to WhyChat's site and found out: http://www.repobounty.com/stateinfo.htm http://www.independentdealer.com/finance/finance9.asp http://community-2.webtv.net/Y-chat/WhyChatsCredit/ Sassy Edited to add: Go here to, to find your state laws both on auto repos and collections: www.lawdog.com They have to at minimum abide by the FDCPA, which is here: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
Hi Melisa, and Paw too. First, I don't believe this crap for an instant. This sounds preposterous to me! I could be incorrect but I find it VERY difficult to believe that a court would redocket a case every month, with the intention of postponing it, month after month. Maybe Why Chat could check in on this. This just HAS to be an intimidation tactic to scare you into paying your monthly pmt. § 807. False or misleading representations [15 USC 1962e] A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. ... the following conduct is a violation of this section: (2) The false representation of -- (A) the character, amount, or legal status of any debt; How could you find out? When you get your next letter call the appropriate court and ask if this is docketed. Better yet, if you have the time and wherewithal you should go there, letter in hand, and find out if this thing really is on schedule. If it is I assume our court system has WAAAY too much time on their hands. § 808. Unfair practices [15 USC 1692f] A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. ... the following conduct is a violation of this section: (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. (2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. (8) Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails. (1)"The collection of ANY amount without authorization". $12,000 sounds excessive. (2)They may not cash a postdated check separated by more than 5 days UNLESS they send you a letter warning you of same, EACH AND EVERY TIME, not every other time, EVERY TIME! (8)If anything other than their name and address is visable on the outside of the env. = violation. Brown is right. I would really LOVE to see these letters, you too Paw. If you'd care to fax them to me let me know via PM. When you get one photo copy the whole thing intact before opening, then a copy of the letter front and back, (even if the back is blank). We need to see about this. Oh - Welcome to the board.
My husband doesn't want me to open this set of letters. This is the 1st time I noticed that it said "RE: Mazda American Credit vs. XXXXXXXX Our File No. XX-XXXX-X" He thinks if I open it and we do end up going to court that they'll say it wasn't put in the envelope the way I am claiming. Maybe I should call and claim that the letters were destoyed in the mailbox that was left open, as it has been pouring rain here everyday, and ask them to resend them. That way I could open one of those.
Oh I don't know Sassy. Even tho you're absolutely right and it's not true, I have no trouble believing that's what she was told/led to believe. Know what I mean?
So don't open it, nodding with hubby, if it's always the same every month. Take it to the court with you, let the clerk open it, she can be your witness!!!!!!!!!! If you can't take it to the court, still don't open it, just call them based on whatever number they are giving your case and your name. They'll find you, if you're there. How perfect would that be. LOL Sassy
That's just what I meant and already edited to include it so it read clearer. She was lied to. Not that she lied. Sassy C'mon fave Butch growling dude, click faster!!!!!!!!
WOE!!! Well ... I think he has a point. I don't see any reason to leave them ALL unopened tho, maybe just one, to prove that's the env. they use. For sure keep the envs. stapled to the letters tho. But yeah, I like your idea of asking for copies. The Blah Vs. You is a violation, I'm sure. Here's some important reading for ya: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#807
Melisa, I believe the violation comes in where you stated that the postman can see why you are being sued through the window in the envelope. paw67 ------------------------- That's It ! ~~~~~~~~~~~~~~~~~~~~~~~`************ I think the next time you get a "letter" giving you a court date, you should call the court straight away and confirm that in fact a date has been scheduled. Should there not be, they've broken damn near every provision of the FDCPA I can think of. Sassy ================ I do too. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
