Hey folks, GC Services sent me a collection letter saying I owed $500 for six-year old traffic tickets. I sent them a letter of dispute and validation demand. The company responded by saying the FDCPA does not apply to them in this case because a traffic ticket is not considered a debt under the FDCPA. I am not buying this logic and I need some case law to back me up, as I am in negotiations with GC's attorney and she said she'd be amenable to settling if I can back my suit up with some case law!
Do you actually have unpaid traffic tickets from 6 years ago? Doesn't your state block driver's license and car registration renewal?
Yes, my state (CA) does block registration and DL renewals if you have outstanding tickets. But my registration and DL are not blocked! So you see, there is nothing to GC Services' collection attempts and they are just trying to weasel out of being sued. What peeves me more than anything is that they refuse to stop collection efforts! I need some case law to kill these jerks.
Well, ... Orakle, we may need to try this from a different angle. Definition of a "Debt". (5) The term "debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. In Civil Law, a transaction implies a mutual agreement. An assent of both parties to a mutually desired outcome, (an agreement of the minds). It would be hard to demonstrate that a Traffic Ticket is a "transaction". Also - you didn't answer Ontracks question. Do you have 6 year old tickets or not? .
Butch, the tickets are NOT valid. There are literally dozens and dozens of people with my name in the Los Angeles phone book. These schmucks could have just randomly picked me and decided I was the one they wanted. I found this link about "transactions covered by the act," but it still doesn't quite answer my question: http://www.birminghambar.org/data/Outlines/HillmanArticle/Hillman/id18_m.htm
You may well have a point there kiddo. Of course we can explore it if you want. I just have to beleive, especially now that you've indicated these "tickets" are not yours, that firmer ground can be found elsewhere. For one thing, I'm quite sure you can demand to see this mysterious ticket which contains YOUR signature. When one is pulled over he signs the ticket or goes to jail. It's not optional. If you do have to go to court, let's come up with the strongest possible argument we can find. .
I'm still hunting for case law, as I pray others are on my behalf! But another question is, if I don't sue for an FDCPA violation, what do I use ?
Well might be on to something. Freedom of Information Act (FOIA) may permit you to demand/acquire ALL relevent dosuments within their entire system of records regarding this alleged ticket. Includes even conversation notes between cops. More later. .
Look forward to it, Butch. Incidentally, so this is not a me-me-me exercise... I have a ton of small claims and settlement experience with several collection agencies and two of the CRAs, if anyone needs advise or counsel.
