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#81
12-31-2007, 11:38 AM
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I had a message on my work phone to call someone back in regards to a criminal action that was being processed against me. I called the number (210-858-66020 in San Antonio Texas. What I could understand from the guy I was talking to was the same thing I was going to get arrested and I had to pay 800.00 dollars right now. I told him I wanted a letter stating what I owed. The man said no and then said he was putting a lawyer on the phone, in about 2 seconds he was back on and said he was a lawyer. Don't think so. at the end of the conversation he stated 10 to 15 men would be at my house and I better get ready. Since all the posts talk about Florida is this the same company? Bass& Associates?
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#82
12-31-2007, 12:47 PM
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You cannot be arrested for a debt, nor can criminal charges be filed against you as debts are a civil matter, not criminal. What they did was violate the Fair Debt Collection Practices Act entitling you to a lawsuit against them for $1,000 in statutory damages, plus punitive damages and they will have to pay your attorney fees and court fees. What state do you live in? Do you know if it is one or two party state for recording of telephone conversations? Also if the individual is a attorney you should check his name with your state Bar Association as contacting you about a debt under a attorney's name is considered the practice of law and therefore they must be licensed with state Bar to practice law in your state. If the person is not an attorney then he/she violated the law by claiming to be an attorney when if in fact they are not.
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#83
12-31-2007, 01:06 PM
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I Almost Wish I Got These Calls!
Jsport1200, I truly wish I had gotten this call! I really could have used a good laugh today.
I'm picturing a comedy skit (Could be a Bugs Bunny Cartoon, I don't know) Where the guy laid down the phone and flipped the name plate on his desk over from "Joe Blow - Collector" to the one that reads "Joe Blow - Attorney". Then he picks back up the phone and starts talking in a different voice. He really should have another one that reads "Joe Blow - Douche Bag", that would probably get a lot more use. Not to mention the threat of 10 to 15 men showing up at your house? I'm not sure but I do think that's a federal offense? I so wish you could have gotten that recorded. I would have asked him what time they were going to show up so you could have the police there and waiting for them. If I were you, I would still contact the authorities and see if you can file some sort of criminal charges against him for that threat. At the very least, you should take JCEMT's advice and sue them for violations of the fdcpa. Also, don't forget to send a debt validation letter and Cease and Desist letter to these people. Just so you have all your bases covered.
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#84
12-31-2007, 01:11 PM
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It's not a felony as fdcpa violations are also civil unless acted upon for sanctioning by the FTC. Also the 10-15 men remark can be treated as a veiled threat of physical violence.
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#85
12-31-2007, 01:26 PM
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That's the criminal comment I'm talking about, having 10-15 men show up at his house. What are they going to show up for? A surprise New Years Eve party? (It is the 31st after all) I would think that's a criminal threat, as the CA is implying physical violence, not an fdcpa violation. I would think if I called the CA and threatened to have 10 - 15 men show up at their offices, that would be deemed a criminal threat. And they would be crying on the phone to the authorities about how frightened they are by my threat. Then it would become a criminal matter.
Heck, one CA actually threatened to report me for harrassment after I kept calling asking for his fax number. This was after they had left a message (1st one mind you) on my phone advising me if I didn't call them back by a certain time, I should have my attorney call them. They are quick to call "shenanigans" on you, but conveniently forget their own pranks in the process.
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#86
12-31-2007, 01:44 PM
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Under the Texas Debt Collection Act (Similar to the fdcpa), all violations are civil as well as criminal, as well as a violation of that state's deceptive trade practices act. If you live in that state, in addition to suing for FDCPA violations, you could sue for violations under the state law. If they haven't payed the surety bond to the state Secretay of State, you can sue for an additional $10,000.
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He who has freed himself of the disease of "tomorrow" has a chance to attain what he came here for. --G. I. Gurdjieff (1872-1949) The science is in knowing, the art is in perceiving - Robert Fripp (1946-) Ever get the feeling you've been cheated? - Johnny Rotten (John Lydon) (1956-)
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#87
12-31-2007, 02:01 PM
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More states need to adopt a surety bond for CAs.
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#88
12-31-2007, 02:48 PM
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Quote:
__________________
Wulfisms: my blog The four 'no's of dealing with collectors: No validation? No payment. No way! No kidding!! Tellin' you all the zomby troof Here I'm is, the zomby woof [Frank Zappa, 1988 - R.I.P.]
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#89
12-31-2007, 03:19 PM
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Of course, if they do it to enough people, you might be able to adjudicate state terrorism. (I think that is the correct term)
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#90
12-31-2007, 04:44 PM
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State terrorism?.... <confused>Aren't we discussing the actions of a private party, however large?</confused>
Given the nature of the Texas and Florida statutes, I think a sharp prosecutor could make a pretty decent case that Bass and Associates are 'operating a continuing criminal enterprise'. Well, bud. A real lawyer, I ain't. Admittedly, a lot of my experience is of the 'sh*thouse lawyer' variety. But it's first-hand experience for all that, and based on decades of running with 'the wrong people'. 
__________________
Wulfisms: my blog The four 'no's of dealing with collectors: No validation? No payment. No way! No kidding!! Tellin' you all the zomby troof Here I'm is, the zomby woof [Frank Zappa, 1988 - R.I.P.]
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#91
12-31-2007, 05:39 PM
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I was incorrect, state terrorism implies government body or establishment terrorism, this would be domestic terrorism:
the use of violence and threats to intimidate or coerce, esp. for political purposes. Though it is not limited to political purposes.
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#92
12-31-2007, 07:58 PM
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Wasn't meanin' to bust on ya, friend.
Operating a Continuing Criminal Enterprise has been used to bust some particularly bad boys over the years. The federal RICO statutes are similar, but I don't think they could be applied to Bass[holes]. Pity, that........ __________________
Wulfisms: my blog The four 'no's of dealing with collectors: No validation? No payment. No way! No kidding!! Tellin' you all the zomby troof Here I'm is, the zomby woof [Frank Zappa, 1988 - R.I.P.]
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#93
12-31-2007, 08:11 PM
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I don't think RICO is still active.
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#94
01-01-2008, 03:45 AM
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Thanks For All The Input!
Guys, thanks for all the input toward my question.
I was trying to point out that, to me at least, it doesn't seem like a mere violation of the fdcpa for a CA to threaten to have 10 - 15 people show up at a debtor's door. In my humble opinin, it really should be treated as a criminal threat. If I were to call one of you, or worse the CA, and make the same threat I'm pretty sure I would be treated as a criminal. Even though you and I know they are being pukes by using this threat, and it is a pretty unbelievable threat at that, some people would probably be frightened that it really could happen. And the way the world is today, it really wouldn't surprise me if it did. Just turn on the news and you'll see that unbelievable things happen all the time. So, a threat like that shouldn't be subjected to a smack on the hand for a violation of the FDCPA; it really is a criminal threat and the collector that issued it, along with the owners of the CA, should have to face the possibility of jail time for issuing that threat.
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#95
01-01-2008, 05:05 AM
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However, a threat is still a threat. There is no way to show cause to pursue criminal action, and that is exactly what the prosecuting attorney would tell you. As far as domestic terrorism is concerned, they would have to do something truly horrible for that to stick.
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#96
01-01-2008, 07:08 AM
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Quote:
Might no be. Guess I'm gettin' old..... __________________
Wulfisms: my blog The four 'no's of dealing with collectors: No validation? No payment. No way! No kidding!! Tellin' you all the zomby troof Here I'm is, the zomby woof [Frank Zappa, 1988 - R.I.P.]
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