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#17
04-19-2006, 02:24 PM
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I didn't give them anything. I didn't want to promise something I couldn't deliver and they end up cashing the check anyway. They said if I hang up then they will only take the settlement amount or pay in full(not payment arrangements) if I were to call back if I didn't get sued first. The wanted my checking info then and there. I said I couldn't do it. I don't have anyone I can borrow from, and no where to turn so I wasn't comfortable with a postdated check.
The lady told me to get another job! I cannot believe some people are so heartless, I mean how do they sleep at night? I think they will end up suing me... What happens when you get sued? The lady said it would be embarrasing and they would come to my work etc. Would I have to go to Court? Would I get a Notice? How would I know? What is the proceedure in California? 
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#18
04-19-2006, 02:31 PM
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rlrain...Sign up for this forum..We'll help you through this...
When you're signed up, we even have a system where you can call a number and record the call so that you will have proof. Don't let them get you down. We got your back! 
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#19
04-19-2006, 02:49 PM
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i'm confused. I thought I was signed up.
I registered and got a password and stuff. Is there something else? what do you mean record the call? what call? sorry if I sound dumb, I just stumbled upon this. But it sure feels good to read others experiences and also vent myself. What do I need to do to sign up? and what am I signing up for? how much does it cost?
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#20
04-19-2006, 02:49 PM
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NO, they will not come to your work, unless they want to be in BIG trouble. They cannot even contact your employer or speak to anyone other than you about the debt...if they do, then they are in violation of the fdcpa and you can sue them for up to $1000. Do not let them scare you. You definitely need to start recording those calls, they are majorly in violation of the FDCPA. Have your read up on the FDCPA? If not, you need to do that before you speak to them again. If they continue with these threats, etc., you need to contact the California attorney general's office. They are breaking the law. And remember, the person who you are talking to at that law firm is NOT a lawyer, they work on an hourly wage just like you and I do, they have no authority.
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#21
04-19-2006, 02:51 PM
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rlrain, you are already signed up for this forum, you just need to sign in...just like me. I hardly ever sign in. Just click on login on the left side of your screen, and enter in your email address and password that you chose when you signed up.
You need to record the calls to the law firm that you are dealing with. You need to record when they call you, and when you call them.
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#23
04-19-2006, 02:55 PM
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http://www.debtconsolidationcare.com/phone/index.html
This will tell you about the free phone system we have here..NO charge, and you can record the call. The call will be placed on this website so you can share it and have proof.
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#25
04-19-2006, 03:03 PM
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California law on post-dated checks
Here is the law in California on post-dated checks. Just FYI.
[img]/forums/attachments//bsm1_116.jpg[/img]Â*Â*Â*Â* Likewise, collection agencies cannot use the "Bad Check Law" to recover treble damages for postdated checks that were solicited for the purpose of seeking the statutory penalty provided by CC Section 1719
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#28
04-19-2006, 03:21 PM
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Yes, you can still be sued, because you already broke the original contract. They are not obligated to take payments by now..but, if you make payments, that shows good faith, and if they still decide to sue, which they may not, then at least you can show the judge that you tried. It looks good for you, and the judge will most likely say that you can just continue with the payments you are making. But, just because a law firm has your account, does not mean they intend to sue. They may decide to send it back to the original creditor, who will then send it to another collection agency. That law firm may not even be licensed in CA, did you check that? You can find that out from the CA attorney general I believe. They have to be licensed in the state they are trying to collect in, because if they take you to court, they have to come to a court in your area, not where the law firm is.
You can read up on collection laws on ftc.org, you may want to do that.
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#31
04-19-2006, 03:28 PM
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I didn't know that the Law firm had to be in the same State. The Law Firm is actually in Georgia and I Live In California.
Would you suggest me sending payments to the Law Firm or the Original Creditor (Bank Of America). I was making small payments to the collection agency before it went to this law firm, my last payment in March got returned with a letter saying they no longer owned the debt. Then that's when this Law firm contacted me saying they were given the case to Sue. The lady acted like I was going to be Sued tonight if I didn't give them some money or checking info then and there. I will send money on my next pay day, I just don't know where. What if they dont cash it? will they do that?
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#32
04-19-2006, 03:36 PM
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rlrain,
Here is their address: Frederick Hanna & Associates 1655 Enterprise Way Marietta, GA 30067 You said they refuse to send you anything in writing? The law says that they MUST send something in writing 5 days after contacting you. So, you need to mail them a validation letter, asking them to validate the debt, you can get a sample of the letter on this forum. Send it certified mail, return receipt requested. Once they get that letter, they must STOP all collection efforts until they send you, in writing validation of the debt. If they continue with efforts without validating the debt, they are in violation of the fdcpa. The attorney does not have to be in your state, he just has to be licensed in your state. Otherwise, he will not be able to take you to court.
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