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Debt Collection Act helps to fight illegitimate debt collectors

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At every step in life you will come across rules and regulations that protect your rights and also define your limitations. Rights and responsibilities are just the opposite sides of the same coin. There is an inseparable connection between the two. Debt collection also follows certain rights and responsibilities as given by the law.

You are a debtor if you are involved in any of these acts:

A debt collector is one who collects payments towards debt from a person who is under serious debt related problems. It can be any individual, a company or agency or even solicitors and attorneys other than the creditor himself. These people regularly collect debts on behalf of the creditors to whom you owe the loan. If you are unable to pay off your creditor the right amount at the right time or if there are some errors in your account book, the debt collectors contact you. They cannot impose any act on you because under all situations the Fair Debt Collection Practices Act is there to protect you. Under this Act, debt collectors are bound to treat you fairly prohibiting certain methods of harassment that goes against the law. Even if these laws protect you, they cannot help you get rid off your total debt.

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cajunbulldog


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Sub: Debt Collection Act helps to fight illegitimate debt collectors
Wed, 08/10/2008 10:01

The Fair Debt Collection Practices Act Simplified: A Primer on the Law


A simplified version of FDCPA


Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com.../about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.


Unregistered

Sub: #1 dismissalWed, 10/08/2008 - 10:01



Technically yes the court must dismiss the case, however the plaintiff can file a motion to dismiss if they do not want to continue. The court will honor that motion as the court has no interest or anything to gain from the lawsuit.The court will not force something on two parties that do not wish to continue. Cases, civil and criminal are dismissed everyday at the request of the plaintiff or prosecution.

As far as I know two companies cannot sue for the same debt, someone is screwing up. As paul said read any agreements first and be careful.


paulmergel
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Sub: #2 replyFri, 09/26/2008 - 14:42



boy oh boy.first once a collector files suite they can't dismiss it.that is for the court to decide.next never sign a thing without reading it first.you may be cooking your own goose.it is peculiar that two diffrent companies are trying to sue for the same debt.bac to my first and second point.have them forward a copy of this document.again a collector can't dismiss with or without perjudice.that is for the court to decide.that whole thing sounds weird.i would ask around about that.

giving hope to the hopeless,help to the helpless,and hap to the hapless.


Unregistered

Sub: #3 Being Sued for the same debtFri, 09/26/2008 - 14:24



I have disputed the debt with both companies. The first company sent purported bills, however the bills had the wrong address. The second submitted computer generated reports that are supposed to be form the original lender. Long story short, the second comapny has slipped up and said that they are in fact collecting for the same account. I filed a motion to dismiss both cases. The second company came back and siad that they will dismiss with prejudice if I sign something agreeing that I will not bring Not against them. Isn't two companies suing for the same debt illegal and what do you do when that hapens?


Unregistered

Sub: #4 helpMon, 09/15/2008 - 19:59



LNVN hasnt shown me verification of this debt, i know this isnt mine because citi bank called me at work 5 years ago to tell me someone was using my account. they sold the account to asg and then I had them legally and didnt fry them, then they sold it to lnvn, they had an attorney serve me papers in march and had a court date of 11-2, i thought fine we would go to court, then 6 weeks later i got papers in the mail that state they won a judgement against me.... I didnt respond to the court papres legal because i was told by a para legal that it would be about $300.00 to respond. i dont have that. i did call the attorney and he is aware that these charges are not mine. he said he requested validation for this charge and when it comes in we will review it, he actually stalled until it was to late for me to respond, am i screwed.............. :x


Unregistered

Sub: #5 I have had it with all these calls...........with the world beinSat, 08/23/2008 - 12:33



I have had it with all these calls...........with the world being overrun with fraud I am very cautious as to who I answer...DO I owe ?...YES.........Do I intend to pay?.......Yes....
When?..........now if they will scale down payments or even give me a FAIR settlement number......these people get down right personal..........one even went so far as to call my neighbor and give them my case # ...IS THAT LEGAL IN NEW YORK.?...................PLEASE I DON'T FEEL LIKE PAYING A LAWYER TO TELL ME STUFF I AM SURE CAN BE FOUND OUT THRU THIS BOARD..........I say we rise up and let our government see what they have created ......it is absolutely disgusting..........I HAD THE BEST CREDIT SCORE UNTIL I LOST A VERY HIGH PAYING JOB TO DOWNSIZING....problem is my field is shrinking and there just aren't that many jobs out there....the minute I fell behind THEY were all over me...........plus Countrywide has totally screwed up my mortgage with Key Bank and I am in dispute there but all the while COUNTRYWIDE and KEY BANK are contributing to my bad credit score ....ALL THE WHILE KNOWING THIS DISPUTE IS ONGOING........


frodo
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Sub: #6 caller idThu, 08/21/2008 - 07:34



thanks for the information , nascardevil. would you happen to know anything about the caller id. ''yea, i know plug it in''
what i mean is, can they block there calls, from my prying eyes? it would seem to me that by blocking it. it would be a attempt to hide there idenity. then that could be construed as harrassment and or abuse.
what ya'll think?


NASCAR_Devil
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Sub: #7 I am assuming (ya I know) that by 1st party you are referring toThu, 08/21/2008 - 03:51



I am assuming (ya I know) that by 1st party you are referring to the OC? The Original Creditor is not bound by the fdcpa so they basically can call as frequently as they wish. You don't have to answer the phone though. 3rd party collectors are bound by the FDCPA and if you inform them in writing that it is inconvienent to contact you at work and you give them a time frame that they can call you then they would have to abide by that. If you attempt to limit them to contact only via USPS, they do not have to abide by that. The concept of a "limited C&D" is a hotly debated topic on this forum and many others. My personal interpretation is that they can either take it as a full cease comm and you may never hear from them again (or be sued if w/in SOL) or they will ignore it completely. If you were to try and sue them for violating a "limited C&D" I think it would be very difficult to convince a judge that there is NO convienent time that you can be contacted via phone. Again, this is MY opinion only. What I add to any DV is "Calls to my employer place my employment in jeopardy" and at the bottom of each DV:
[center:565e636155]
ALL CALLS TO MY HOME AND CELL PHONE ARE RECORDED[/center:565e636155]

They can call me all they want and if they screw up by making threats or misrepresentations then I've got it on tape. Only have 1 good one so far but not enough to take to court.


frodo
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Sub: #8 she told me she can call every 15 minutes,if she wantsWed, 08/20/2008 - 20:31



i was told today, ''i can call every 15 minutes. if i want. i am a first party collector''
i wanted to say b&&^h. no you can'tbut i refrained.
as you get older,you learn to think before speaking.
is there a difference, between a 1st. party and a 3rd party.
as far as the fair debt act?
please help with questions before i loose my religion!!


frodo
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Sub: #9 fair debt collection act 805 paragraph a subparagraph 1Wed, 08/20/2008 - 20:22



this paragraph deals with the times to call the consumer,is 8 am - 9pm.. i got that but....it clearly statesthat in the absence of knowledge of circumstance to the contrary ,a debt collector shall assume.......Doesn't this mean that if i inform them, that it is inconevnient to contact me, any time except. say 5 pm-6pm. that they will have to abide by that.
now that they know other times will be inconevnient?
also.... is a collector, required to identify himself,by means of
not blocking the id on the call id. in otherwords not displaying ''unavailable''.
to not do so would be harrassing and abusive. according to
the f.d.c.a causing a telephone to ring or .....
what do you think on these points..


sattodo
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Sub: #10 if they dont follow these rules what do I do?Wed, 08/13/2008 - 10:59



I have been getting calls from I. C. Systems. I have been told by the people that have called me that "I should have never had kids if I couldn't pay my debts" "My priorities are all wrong" and "I should be out there working to pay my debts". These are just a few things being said to me. I am a stay at home mom of 3 lil ones. My husband works and we only have so much money to go around. Well when I got the card from HSBC (best buy) Our money was fine. Then husbands hours went way down and it was either house payment, food, and utilities or a credit card...well family in my eyes are number one. So how should I handle this? I have called and talked to a so called "supervisor" and didnt get anywhere. He said "I will talk to them" thats it. What can I do personally?


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