Hi, I'm a long time lurker, and now I have a question. I requested proof of debt within 30 days. No info was sent to me. I was then sent a summons for trial, which stated wages, money and property may be lost. Are collection agencies getting wise to this practice and just going straight to judgment?
As far as I know, what they did was illegal. They have to cease all collection attempts until they prove the debt is yours.
I've read the FDCPA (this is the right document, eh?) until I am blue in the face you are saying this is illegal because they are not allowed to contact me?
Yes, that is what I'm saying. They can't contact you until they prove that the debt is yours. That is the only way they can contact you is if the proof is in that letter. Go to the local courthouse and file a countersuit against them for FDCPA violations. They are punishable for up to $1000 per violation. When you have your court date, bring all of your paper evidence with you to prove your case. They won't be able to get a judgement against you if they can't prove the account is yours.
No problem. Just remember that that is my NON-Legal opinion. I have a degree in Criminal Justice - Police Science, not FCRA/FDCPA law. Ok?
Didn't a lawyer with the name Squawk something or other make some comments during the summer that he though a creditor could sue even though validation hadn't been received? That filing a lawsuit wasn't colllection activity. I don't recall the specifics of the argument but I think that was his conclusion.
An excerpt from the FTC Opinion on this: "..the most recent federal appellate court pronouncement on the subject, the Sixth Circuit stated, "A debt collector does not have to stop its collection efforts [during the thirty-day period] to comply with the Act. Instead, it must ensure that its efforts do not threaten a consumer's right to dispute the validity of his debt." Smith v. Computer Credit, Inc., 167 F.3d 1052, 1054 (6th Cir. 1999)." The full link to the opinion letter: http://www.ftc.gov/os/2000/04/fdcpaadvisoryopinion.htm Here is a link to the actual court decision: http://www.law.emory.edu/pub-cgi/pr...99/99a0055p.06.html?Computer+Credit#first_hit
=========================That may be correct : But what about the fact that you now have a lawsuit on your report in addition to a collection ??
Who sent you the summons; the Ca?or the court? Did you appear at the trial? What happened there ? ===================================== Were you cited into court . Did you receive a judgment? ========Did both of these things happen to you or just one ? ==========If only 1 of them which one?
Somebody on here had a judgment reported by a CRA when they had actually sued someone else and won their suit!
That don't explain why having a collection and a lawsuit both on your report is better that having just the collection on there::
I wasn't explaining that. I was stating IF and when they take him to court and if they win they get a judement which would be on his report AFTER they went to court. Sheesh
There were many post a while back about people having lawsuits not judgments placed on their reports. lawsuits are public records. Public records are reportable to the CRA.
Re: Debt validation got me a judgme AAHhhh! Lizard, please help me! I have a lawsuit on my EQ that in my opinion has "no content." It was filed one month in '95, then dismissed the next. I have argued with the local bureau and they insist it is a public record and will stay on my record for 7 years. They were supposed to send me the records they obtained from the court house, but they did not. I never went to court, there is no judgement. Please tell me how to get it off easily!!! Thanks!
Re: Debt validation got me a judgme Terri, What month in 95 did this happen? It should be coming off this year.
