What type of account are using him for? Is this a special account that you just can't seem to get rid of? Also, can you give us some idea of his fees. Thanks
He said this with such conviction.. he also mentioned that if I suspect anyone that had opened these accounts, that we could drag them into court too and start questioning those people aggressively if there is ANY suspicion at all.. this way, it'll show OUR effort in showing that these accounts indeed are NOT mine.. but I don't want to cause some huge commotion on this stuff.. how am I supposed to know?? Thoughts anyone as to how real his claims could be? Or are they more threat tactics towards the CRA/CA's which in the end will cause them to settle?
What did the spectre detector do again? LOL This thread has gone from talk of a high powered attorney, to scooby-doo.
Oh. I don't recall it off hand, so now I have to actually watch an episode, and see if they use this dectector thing. (looking around, and making sure no one is watching) Nahhh, I'm not sorry I asked. Remember the phrase, "learn something new everyday".
My apologies if I crossed the line with my skepticism. I just beat up a bunch of people about that very thing in another thread, so I guess I should know better. David Szwak is certainly a well known and credible figure, and Ender, you've been around here far too long for me to doubt what you say. I guess I'll just file it for the moment under Needs More Splainin' before I can completely understand the claim.
So you are saying you 'doubt' this to be true or possible.. which is what I feel as well... however, Szwak is a very credible figure so it is hard for me to dismiss what he says as well. That is why I brought the question to the forum =)
Hello to all, I was not aware of this site but am glad that someone alerted me to it. I am an attorney in Shreveport, Louisiana and I do handle a volume of consumer law cases as well as other types of work. I also provide expert witness services on occasion. I have written a volume of Fair Credit Reporting Act and related law articles, etc., and teach on the topics. I handle many consumer credit cases on contigent basis. I try to always fully investigate cases so that I bring high quality and worthy consumer claims. Reputation is important. If you have questions, please email me and I will try to answer them for you. I am bombarded with issues on a daily basis and many requests to represent people so please understand that I do not handle all cases and frequently am pressed for time, thus emails and faxes are much easier for me to deal with. David A. Szwak [www.bjslaw.com] 318-424-1400; fax 318-424-1476, email bjks1507@aol.com Our web site is being revamped and expanded to provide more information and downloadable files, Please look for the project to be completed by late October, 2002.
well..if you're still here and haven't left can you answer a quick question? I was wondering about the part of the FDCPA which says that a CA has to send you a letter within 5 days after first contact with the alleged debtor. But then the next section states that after receiving such letter, the recipient can demand a validation of debts within 30 days of receipt. So my question is, if a CA reports you to credit bureau (collection activity) but doesn't send you a letter, are you still legally entitled to demand validation of debts, thus running your 30 day period from date you pulled your credit report (since that would be the completion of communication with the CA as the credit report would be the medium), either that or because of the part that states that a failure to validate debts is not admission of liability? or would it be a better idea to write them first demanding they send you a letter, then demand that they validate the debts? briana
My best guess: Sue them for commencing collections activity without sending the proper correspondence (mini Miranda, etc) to you.
How do they prove that they sent one? Unfortunately, it seems that if a business or government office says they sent a letter, they need not back it up with a registered receipt, but if an individual wants to be believed they must show proof. I think also in this case that if you bring suit it will be your burden to prove it wasn't sent, if indeed they claim it was sent. I have wondered about this myself, considering I had several collections listed on my reports and none of those collectors had ever contacted me about the accounts. It was a simple matter though to just dispute and they were removed, and that was the goal, so I never considered legal action.
I tried to send David Szwak an e-mail twice now and both my attempts were returned undeliverable. Anyway, why does a high powered attorney use AOL for his e-mail address - does the firm not have an inhouse e-mail system?
I looked some info on him here you go Szwak, David (DSY403) szwak@BJSLAW.COM Bodenheimer, Jones and Szwak 610 Marshall St #905 Shreveport , LA 71101 318-424-1400
Briana, Thanks for your posr. The 5 day period is within 5 days of communicating with the consumer, not the credit bureau. You cannot demand validation if no communication is made with you. If you do not owe it, go ahead and dispute it to the credit bureaus, per 1681i[a], so as to trigger 1681s-2 as to the furnishers. Though it may not trigger an FDCPA violation, you might still ask for validation and the original creditor's information. You might then send your cease and desist letter.
