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 Posted: Tue May 20, 2008 5:31 am Subject: |
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I studied Heintz vs Jenkins very closely. I did it mostly for the fact that if I am ever questioned on it by the court, I will know. I also remember most of the FDCPA and my states debt collection laws.
In the case of the FDCPA and my states laws the only difference is the definition of debt collector. I am wondering if state law would be preempt by Federal law.
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| Posted: Tue May 20, 2008 3:53 pm Subject: |
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You are still missing the point.
An attorney is exempted by law from the requirement to be a licensed debt collector, except when the attorney is a debt buyer. The exemption does not prohibit an attorney from collecting debts without a debt collection license when he/she does so on behalf of a client.
Can you prove in a courtroom that the attorney purchases debts? If you cannot, then focus your efforts in a more productive manner. The only issue you have raised in this thread pertains to licensing, and it has previously been stated that attorneys need to abide by state law and FDCPA.
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Morningstar
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| Posted: Tue May 20, 2008 6:24 pm Subject: |
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I understand what you are saying. The thing these attorneys are doing in Massachusetts is if they don't collect then the client doesn't pay. If they do collect, they keep 33.3%
If anything I would say it's a violation of the FDCPA 1692e(3)because the 3 letters I have from them are a printed signature and he is not the one in charge of the case. I have called 5 times and every time they told me he is not in charge of it.
Anyways this is a list of their clients:
ABN AMRO
American Home Loans
American Home Mortgage Corp.
Associated Credit Services
Bank of America
Belmont Savings Bank
Bridgewater Credit Union
Capital One Bank
Cavalry Portfolio Services
Citicorp
CitiMortgage, Inc.
Country Mortgage Corporation
Crown Asset Management
Eastern Bank
First Resolution Investment Corp.
Ford Motor Credit
Long's Jewelers, Ltd.
Millbury National Bank
Maritime Mortgage Corp.
MortgageSelect
National Grid
NSTAR Electric & Gas
Oliphant Financial Corp.
Option One Mortgage Corporation
Paragon Way
Patriot Funding, L.P.
Portfolio Recovery Associates
Randolph Savings Bank
Resurgent Capital
Risk Management Alternatives
Rockland Federal Credit Union
Rockport National Bank
Wellesley Co-Operative Bank
Wells Fargo
The Westborough Bank
Winchester Savings Bank
lgw.com
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| Posted: Wed May 21, 2008 1:57 am Subject: |
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| Quote: | | I understand what you are saying. The thing these attorneys are doing in Massachusetts is if they don't collect then the client doesn't pay. If they do collect, they keep 33.3% |
That is called working on contingency, and it is quite normal.
| Quote: | | If anything I would say it's a violation of the FDCPA 1692e(3)because the 3 letters I have from them are a printed signature and he is not the one in charge of the case. I have called 5 times and every time they told me he is not in charge of it. |
Is he an attorney?
I don't know that an auto-penned signature is illegal on its face...is it? Or is it only illegal if the attorney has not reviewed your account and other actions demonstrating that a lawyer is indeed acting as an attorney?
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