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#17
12-06-2007, 08:48 AM
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cajun, first off, all i was trying to imply is the debt collection practice has changed alot over the years, people dont know their rights and if debtors had a better understanding things would be easier...like when they recieve a summons they think they are in trouble when all they have to do it go to court and explain to the judge their financial situation...and obviously the judge with work with them....so what i am trying to say is an important, posting up things bout fdcpa isnt going to do anything for them if collectors arent violating it
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#18
12-06-2007, 08:59 AM
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.......its plain and simple people, if you are being sued for a debt, and you recieve a summons, go to court!!! if you were never served and found out you have a judgment by your bank account being frozen...go to court!!! just tell the judge you were not served , and never recieved copy of summons or notification of judgment going to court and the judge will have to vacate the judment for improper service .....you dont need a lawyer if you are being sued for a debt
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#19
12-06-2007, 09:00 AM
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Every consumer should know his/her rights for state as well as federal laws. A creditor or collector is subject to a variety of laws that will help someone being harassed. I have no qualms with a collector/creditor as long as the proper procedures are followed. I try to make everyone aware of what they can do to ensure their debts are paid to the right party and the right account. You can search my post history and you will find I have very little good to say about consolidation/settlement companies. I normally go into those posts to post my research results on them and encourage the consumer to use their personal judgment on using one.
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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.
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#20
12-06-2007, 09:02 AM
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if someone is being " harassed " cajun, you should know, you dont need a consolidater to stop the calls, all the debtor has to do is send the agency a letter to " cease and assist " all communications....and if the agency continues to call , obvious that is violation of fdcpa, the debtor can sue
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#21
12-06-2007, 09:24 AM
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You seem to be hung up on the consolidation part of our website. I always encourage consumers of the laws and would do as you said.In the case of abuse,I would document and then turn over to a lawyer. My job field is non-financial as I work in the Oil & Gas Exploration Industry.
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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.
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#22
12-06-2007, 09:32 AM
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..yes of course, in that case, i had the same problem my husband had a hospital bill he forgot about for only $70, the collector called him and threatned him and was trying to scare him to pay the debt , saying things like his wages would be garnished in the future if he didnt pay etc. obvioulsy a collector cant say things the company itself would have no intention doing, an agency in ny will not sue anything under $700...but in the case of abuse i totally agree, some collectors can be very harsh
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#24
12-06-2007, 09:42 AM
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very good idea but we must also consider that you can legally tape in your resident state. My home state is one party.
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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.
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#25
12-31-2007, 02:45 PM
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forster and garbus
Currently the forster & garbus law firm has entered a judgement against me. Previously I attempted to resolve this with a payment plan but they entered the judgement against me and won. They claim they do not know my bank information but now I have a negative balance in my account because of their actions. I spoke to them and now they want me to give them my bank information so "we can work this out". What can I do now?
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#26
12-31-2007, 03:43 PM
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Were you aware of the suit in the first place, or did you find out after the suit had taken place?
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#29
01-01-2008, 03:54 PM
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Explain to the judge that you were never served. Ask the judge to vacate judgment due to improper service.
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#31
01-01-2008, 05:44 PM
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That is the judges call, I would imagine that he/she will vacate the judgment, making any monies collected thus far invalid and would have to be returned to you. All awards post judgment such as levies, liens, and garnishment would also be null. You should seek legal council and file suit against them, they deceived and manipulated the judicial system and skirted your basic human right (within the USA) in that "no person shall be deprived of life, liberty, or personal property without due process", they tried to bypass due process with this despicable scheme.
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#32
01-01-2008, 05:47 PM
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Ask your attorney if it could be turned into a human rights case, and maybe see if your attorney can make the judge see the light and hold F&G in contempt.
Also, if they try to refile have your attorney motion to show cause during discovery by requesting debt validation, when they fail to provide ask your attorney to motion to dismiss with prejudice as they cannot show cause.
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