Long time ago, I got credit, I lost my job and well, you know how it goes. I am sure alot of the old timers remember seeing me here for quite awhile. Here is the deal: Court Date tommorrow BTW. I am being sued for 8611.01, The amount is 6888.81, plus attorney fees of 1722.20. I believe this attorney is a collection attorney due to the fact I found his name on Google as one. Now, am I correct that he is considered a TN collection agency and should not be getting fees? I remember something about that a few years ago.
I don't know anything about TN law, but has the collector proven the debt is yours? Can you go into court and say you don't remember owing this amount to this company?
The issue isn't the validation at this point. The issue is the Lawyer is representing himself as an attorney instead of a Debt collector in court so he can collect additional lawyer fees on top of the Debt collection fees paid by the creditor. I didn't have time to validate the debt I just got the summons 3 days ago. Do you have the address to the FDCPA opinion letters on FTC.gov? I remember there was a letter there stating they couldn't. Thing is I have searched the site and can only find the FCRA opinion letters.
Well, I am very surprised no one could help me here since this once was pretty active site with tons of people that had the knowledge I seeked. To reiterate, I just need the link to the FDCPA opinion letters especially to the one regarding an attorney as a collection agency.
Two things 1. You must understand TN Statutes. I know IL law specifically excludes Attorneys as being considered a CA. Therefore the FTC Opinion letter may not carry as much weight as you'd like. 2. Something sounds fishy. You were served 3 dys ago & the court date is today? That doesn't give you enough time to plan a Defense, file an Answer, receive Discovery, et al. You are being irreparably harmed. I would seek an extention on the above grounds, send a VoD letter CRRR, file an answer & go from there.
Well, the Attorney never showed up, so "his friend" stood up and said, "wait a minute, your honor" called the attorney up and got a continuance for Nov 11th. Isn't that a tad weird? No bother, I am filing BK7. They can bite me... I have too much debt to even think about being able to pay back and I rather not get a judgment that can stay just as long as a BK7.
