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Serving Papers At Work



jcrab1

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Sub: Serving Papers At Work
Wed, 12/09/2007 12:29

I am being told that I will be served papers at my place of employment. Can they really do that? Is it legal to serve me papers at work?



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FYI
FYI

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Sub: #1 It is a violation of the fdcpa to threaten you with an action thWed, 09/12/2007 - 12:29



It is a violation of the fdcpa to threaten you with an action that the collection agency does not intend to go forward with.

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jcrab1
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Sub: #2 I was told that a third party collector was the last step beforeWed, 09/12/2007 - 11:55



I was told that a third party collector was the last step before legal action is that true. I have a different account that I have been paying on. I noticed that one of my payments was never taken from my account and I called. Redline said that they didn't handled Citibank accounts anymore, so now my account is with ARS National. They refuse to accept monthly payments from me. I have been paying in good faith to Redline for almost a year now. ARS says they are third party and at this point monthly payments aren't an option. The only thing I can do is settle. They might be right, but I plan to keep sending in my same monthly payments. They isn't any way that I can pay the settlement amount and I figure if they did take me to court at least the judge will see that I have been making payments in good faith. It's better then not paying at all. I just wanted to know if what they were saying about third party was true.


volleyballmom
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Sub: #3 3rd party collections is goverened by the fdcpa...Wed, 09/12/2007 - 09:26



3rd party collections is goverened by the fdcpa...


jcrab1
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Sub: #4 What is the difference with a third party collector?Wed, 09/12/2007 - 08:58



What is the difference with a third party collector?


cajunbulldog
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Sub: #5 Just remember if this is a third party collector and you are notWed, 09/12/2007 - 08:29



Just remember if this is a third party collector and you are not served,it is a violation of fdcpa for threating an action that can't or won't be legally taken.

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.


SUEBEEHONEY70
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Sub: #6 I think your best bet in this situation is to find out if this cWed, 09/12/2007 - 08:01



I think your best bet in this situation is to find out if this company is operating legally in your state. If they are not, then chances are good that they won't even try to serve you papers.

I once had a legal, storefront lender say they would serve me papers at my place of employment (I was in a payment arrangement with them at the time - the manager of the PDL was a nutcase!) - and I know they have done it to others in the past.

Bottom line is that it CAN happen - but you need to take the initiative to find out if they are operating legally to put your own mind at ease as to whether this is an empty threat or a real possibility. And if it's a real threat, then you need to try to make payment arrangements to avoid embarrassment at work.

A journey of a thousand miles begins with a single step...and becoming debt free is a journey!


2nband
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Sub: #7 Yes, papers can be served to you at work, but something tells meWed, 09/12/2007 - 07:46



Yes, papers can be served to you at work, but something tells me this is just a scare tatic to try to get you to pay more money. I have never heard of anyone being notified that they were going to be served and where they were going to be served. Doesn't sound koshier to me either.


Punkteri
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Sub: #8 It is odd that they told you they would be serving you papers. TWed, 09/12/2007 - 07:17



It is odd that they told you they would be serving you papers. They usually like to catch people off guard. But if they are a legit company, it is legal.


SUEBEEHONEY70
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Sub: #9 If this is from an internet payday lender, I would ignore the thWed, 09/12/2007 - 07:01



If this is from an internet payday lender, I would ignore the threat. If it's from a legal storefront lender, operating under the laws of your state, you need to be cautions - they can and will serve you at work. It's completely legal for them to do so.

I work at a company of over 500 employees - it's a normal occurrence to have a deputy show up to serve papers to an employee.

A journey of a thousand miles begins with a single step...and becoming debt free is a journey!


goldenbast
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Sub: #10 Might be yet another strong-arm tactic to scare you into paying.Wed, 09/12/2007 - 07:01



Might be yet another strong-arm tactic to scare you into paying. Call the courts and see if papers have really been filed. If not, then you may have them on a violation.


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