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Laws Regarding Original Creditors

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I have asked this question before but have never really received or found an answer on a state or federal level. With with the horror stories I have been reading about Cash Call and their tactics I find it hard to believe that there are no laws to protect people against the wrath of original lenders. I emailed my State Attorney General this question. (Florida) I was of course ignored as usual. As the fdcpa applys only to third party collectors it strikes me as odd that an original creditor should be allowed to make threats, speak to third parties, call you at work when told not to and even tell your children that you are a bad person. This is the u.s. and it would seem to me their must be a law somewhere. Any help would be beneficial for so many who are dealing with Cash Call especially!




State laws would come into play with original creditors. So each state could vary slightly.

Sub: #1 posted on Wed, 10/17/2007 - 00:11

goudah2424 goudah2424

(Posts: 7936 | Credits: 1224.9)

I just found this pertaining to Florida:

Quote:
Every state has laws that say if a collections agency is collecting a debt, they are legally obligated to stop contacting a consumer if the consumer sends a Cease and Desist letter and/or a Power of Attorney notifying the collection agency that a third party is responsible for handling all communications with the creditor. Florida law takes it a step farther and not only limits harassment from collection agencies, but also from the original creditor as well. In most states, when a consumer falls behind on their payments and the debt is still being collected by the original creditor (the bank that originally lent you the money or the hospital that serviced you, for example), then the creditor is reserved the right to call the debtor on a daily basis in order to collect whatever is owed.

Sub: #2 posted on Wed, 10/17/2007 - 00:13

goudah2424 goudah2424

(Posts: 7936 | Credits: 1224.9)

I have searched on the net and came up with nothing. The laws are buried so deep in volumes of legalese that searching almost requires an attorney. There should be a way to weed through state laws. A help desk or something. If you AG won't respond like mine you are lost.

Sub: #3 posted on Wed, 10/17/2007 - 00:18

Frogpatch Frogpatch
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Here are Florida's laws regarding debt collection:

Sub: #4 posted on Wed, 10/17/2007 - 00:25

goudah2424 goudah2424

(Posts: 7936 | Credits: 1224.9)

How do you find this stuff? I do a search and come up with a lot of nothing. Thanks for that! Now you only have 49 states to go! LOL

Sub: #5 posted on Wed, 10/17/2007 - 01:21

Frogpatch Frogpatch
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(Posts: 5381 | Credits: 652.5)

How do I find this info, I live in PA but am dealing with Cash Call in CA. What law would apply for collection from the original creditor, would it be California?

Sub: #6 posted on Wed, 10/17/2007 - 02:27

jazzy4136 jazzy4136

(Posts: 104 | Credits: 56.79)

No, it would be your state's laws.

Sub: #7 posted on Wed, 10/17/2007 - 02:35

goudah2424 goudah2424

(Posts: 7936 | Credits: 1224.9)

Pennsylvania doesn't publish it's statutes online, but here is a summary of PA's laws:

Sub: #8 posted on Wed, 10/17/2007 - 02:36

goudah2424 goudah2424

(Posts: 7936 | Credits: 1224.9)

Here is a link , provided to me by Goudah, to all the states debt collection laws.
bcsalliance.com/y_debt_statelaws.html

Sub: #9 posted on Wed, 10/17/2007 - 02:40

Frogpatch Frogpatch
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(Posts: 5381 | Credits: 652.5)

WTG Frog. The mysterious link!!!!

Sub: #10 posted on Wed, 10/17/2007 - 02:41

kashzan kashzan

(Posts: 5401 | Credits: 408.31)

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