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James70 · Posted: Mon Apr 21, 2008 6:37 am Subject: Is it a violation if a CA ...

Is it a violation of the Fair Debt Collection Practice Act if a CA: (ie. can I collect a fine if)

1. Files a lawsuit against me with the knowledge that the debt is past the sol. It seems that it would be considered "harrasment" for the CA to file a law suit that they know has no merit.

2. Did not notify me that they were collecting this debt. The CA bought my debt from another CA back in October 07 (according to my credit report) but they never sent me any notification nor did they call me. My first contact with the CA was a summons delivered last week. Can they just file a lawsuit without ever contacting me first?

I appreciate your help. Thanks in advance.

Posted: Mon Apr 21, 2008 7:04 am Subject:

They can file a law suit anytime they want, you will win if it is past the sol, you may want to make them aware that it is past the sol.

Posted: Mon Apr 21, 2008 11:45 am Subject:

Sounds like good advise to me. They probaly already know this and are just trying to scare you into paying.

Guest · Posted: Mon Apr 21, 2008 2:34 pm Subject:

in regards to #2 above, yes, that is a violation. Regardless of whether or not they are suing you, the FDCPA requires them to send you a notice explaining your rights within five days of initial communication. That means, if the first you ever heard from them was the summons, then within 5 days of that summons, they were required by federal law to send you a notice of your right to dispute the debt or any portion thereof. If they didnt do that and the summons itself does not contain such a disclosure, then they didnt follow the law.

hang on, you mentioned your credit report--did this CA put an entry on your credit report back then? If so, that counts as "first communication" and the notice would have had to come within five days of them reporting on your credit bureau file. What state do you live in, and how old a debt are we talking about here--as in, when was the last payment made? you could actually have them violating the FCRA instead, which can carry a bigger penalty against them.

Posted: Mon Apr 21, 2008 5:50 pm Subject:

This is also called overshadowing, basically they have just bypassed your right to dispute this debt, and that is a violation.

Simply make your answer as it is past SOL, but also file discovery and demand validation of the debt through discovery, that will also prove SOL as well. When they can't provide the proper documentation, then you can motion to have the case dismissed with prejudice.

Hope · Posted: Mon Apr 21, 2008 11:10 pm Subject:

Hi Guest, (and everyone else that ca help!)

I’ve received a letter from Asset Acceptance today for the first time ever! I have no idea how they found me!! The letter states that they have purchased an old creditor’s account and that I now own them $11.000 – The debt is mine, but I have not received anything from anybody in 9 years. I believe the last payment made to my old creditor was in 1999.

On the letter they only stated the creditor’s old account number and the amount due. I don’t know who the original creditor is, Asset Acceptance did not give me that information on the letter, and I’m supposed to contact Asset so they can give me all the info. I DON’T WANT TO CONTACT THEM!!

To be honest, I don’t want to pay for a debt that is over 8years. I CANNOT AFFORD IT! I live in California and the SOL here is 4 years!

I got in such panic yesterday that I shredded the letter!!

Nobody knows about my debt, not even my husband that I love and respect so much!!! I don’t know what to do!!!

Can anybody help???
Thanks in advance!

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