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Posted: Wed Sep 14, 2005 9:50 am Subject:

Why don't you just ask "ANGRY MAX" he works for Ellis Crosby & Associates :chuckles: Laughing

Posted: Wed Sep 14, 2005 9:54 am Subject:

Holly

Anytime you feel the call is getting out of hand at work, mention that they're calling a business and all calls are logged and recored. Mention again that you've asked for the calls to stop at work, say have a nice day and hang up.

If they call back, tell them they need to hold while you call the state attorneys office...

They can't keep calling ONCE (meaning one time) when they've been told.

dale · Posted: Wed Sep 14, 2005 6:19 pm Subject:

Tracy...tell me how do we go about a lawsuit against Ellis Crosby and Emax? I didn't pay either one of them a dime but I received a call I still have saved on my answering machine by Ellis Crosby's (so-called laughable)Investigator. I laso received a threatening call from ECA and Emax. How much do you think I can sue ECA for? I was thinking if I sue ECA personally then maybe I can make enough money from ECA to pay off all my debt with other compnaies. Let us know what we should do to sue ECA.

It's time for Bug Business to take a Big Loss.

Katie · Posted: Thu Sep 15, 2005 6:45 am Subject: depending on the state

1000 bucks each

Tracy · Posted: Thu Sep 15, 2005 9:00 am Subject:

Dale, I contacted an attorney in my State, Texas and he didnt charge me anything. He reviewed my complaint and said that I had sufficient cause to file a lawsuit. He recovers his attorney fees, etc from the Defendent in the lawsuit (which is what our finance code allows). In the state of Texas, statutory relief is different from Florida. In Florida it is up to $1000 and that is it (unless you are over 65, then it is up to $15,000), in Texas it is $100 PER violation.

Contact an attorney in your state and do some research on your state's finance code and fair debt collection practices act. Both should tell you what you can sue for.

Word of advice, keep records of all calls you receive from EC and EMAX, if you can record them, do so, write down everytime they call,what time they called, who you spoke to and what the call entrailed. Keep all documents (letters, etc) they have sent you.

Also, you should attempt to contact the original creditor and see if you can work payments out with them. I did, I havent gotten a response, probably because they will transfer the account to another collection agency, which is fine with me, as long as they are reputable. Either way, filing a lawsuit against EC or EMAX wont resolve the original debt, but it will prevent them from making any further abusive and illegal collection calls to you. It will also bring some statutory relief, just depends on your State's law.

Posted: Thu Sep 15, 2005 10:11 am Subject:

Tracy has defined the procedure nicely. If the creditor will not be willing to work with the consumers, the debt will be sold to some other collection agency that will prove its honesty by validating it and not charging unscrupulously.

Tracy · Posted: Thu Sep 15, 2005 2:15 pm Subject:

I should hope that the original creditor will transfer the account elsewhere, but from what I have been reading, I may be getting a call from EMAX at some point. Can EC sell accounts they are trying to collect on to another collection agency, such as EMAX? I thought only the original creditor could do that.

Posted: Thu Sep 15, 2005 2:50 pm Subject:

Debts get sold from one collection agency to another without the interference of the creditor. The creditors are in the picture only when the debt is with them or they have hired some internal collection agency for it.

There should be some kind of legal thing publishing that the debt is now owned by ...company.

Tracy · Posted: Mon Sep 19, 2005 10:55 am Subject:

I dont think a collection agency can legally "own" a debt. I am not sure how it works, but if a consumer has a valid debt with say a payday lender, then they have a contract with that lender. That lender can not sell the contract to a collection agency or it would be null and void because the consumer did not sign the contract with the collection agency. Thus, I am thinking the collection agency does and can not legally own the debt. They can only collect on behalf of the original creditor. Now, the creditor may have "sold" the debt to the collection agency, but I think that is mererly giving them the legal authority to collect on it and nothing else. The collection agency probably gets a percentage of what is collected or a flat payout, who knows.

Posted: Mon Sep 19, 2005 11:05 am Subject:

Hi Tracy

Tracy · Posted: Mon Sep 19, 2005 11:18 am Subject:

If the debt is "sold" to an agency for collection, the collection agency does not have the right to file suit do they? I was under the impression that only the original creditor can do that.

Posted: Mon Sep 19, 2005 12:50 pm Subject:

Speaking legally, they do have the right to file lawsuit as because they are holding the debt in the present time.

Tracy · Posted: Mon Sep 19, 2005 1:17 pm Subject:

So a collection agency can file a suit against you if they hold "legal" right to the debt? I know they can't file criminal charges (which is what they threatened and intimidated me with), but they can file a civil suit?

Posted: Mon Sep 19, 2005 1:22 pm Subject:

They can bring civil action against you.

You didn't break any laws...so it wouldn't be criminal.

Mike

Tracy · Posted: Mon Sep 19, 2005 1:45 pm Subject:

OK, at least I know that if they threaten to take me to court then they have the right to do so. That is if they even have legal right to the debt they are trying to collect from me. I have no idea if they do or dont, because I have not received anything from them regarding the debt. They called me back on 8/25 and intimidated me with arrest and said I was being charged with internet and check fraud. I told their "investigator" that I was recording him, he got pretty mad at me because of that and hung up. I have not heard from them since.

kremaley@jandflaw.com · Posted: Mon Sep 19, 2005 2:36 pm Subject: texas

Tracy your in TX right? They cant take you in TX. There is a law, if you want to email me then you can i will send you the STATE website for TX that says they cant!

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