[cajunbulldog]

Bill T Collector,
I respect your opinion that your firm is following the law in regards to collection.Could you explain why all these lawsuits are filed against your firm:

1 FIRST NATIONAL COLLECTION BUREAU pamdce 4:2007cv00001 01/02/2007 890 03/22/2007
2 FIRST NATIONAL COLLECTION BUREAU INC ohsdce 3:1997cv00272 06/17/1997 890 08/29/1997
3 FIRST NATIONAL COLLECTION BUREAU INC wiedce 2:2006cv00337 03/16/2006 890 12/06/2006
4 FIRST NATIONAL COLLECTION BUREAU INC txndce 3:2006cv00411 03/06/2006 890
5 FIRST NATIONAL COLLECTION BUREAU INC wiedce 2:2006cv00418 04/05/2006 890 03/12/2007
6 FIRST NATIONAL COLLECTION BUREAU INC wiedce 2:2006cv00471 04/07/2006 890 12/06/2006
7 FIRST NATIONAL COLLECTION BUREAU INC wawdce 2:2005cv01211 07/07/2005 480 10/06/2005
8 FIRST NATIONAL COLLECTION BUREAU INC mndce 0:2005cv01833 08/15/2005 371 08/07/2006
9 FIRST NATIONAL COLLECTION BUREAU, INC. njdce 2:2007cv00253 01/16/2007 480 04/04/2007
10 FIRST NATIONAL COLLECTION BUREAU, INC. candce 5:2005cv00524 02/03/2005 890 07/25/2005
11 FIRST NATIONAL COLLECTION BUREAU, INC. ctdce 3:1997cv00823 04/30/1997 371 07/02/1998
12 FIRST NATIONAL COLLECTION BUREAU, INC. dcdce 1:2005cv00846 04/28/2005 890 03/20/2006
13 FIRST NATIONAL COLLECTION BUREAU, INC. lamdce 3:1995cv00848 08/17/1995 360 10/13/1995
14 FIRST NATIONAL COLLECTION BUREAU, INC. paedce 2:2004cv01146 03/17/2004 890 04/27/2004
15 FIRST NATIONAL COLLECTION BUREAU, INC. ctdce 3:1994cv01176 07/18/1994 371 01/20/1995
16 FIRST NATIONAL COLLECTION BUREAU, INC. paedce 2:2006cv01277 03/24/2006 480 10/16/2006
17 FIRST NATIONAL COLLECTION BUREAU, INC. paedce 2:2006cv01277 03/24/2006 480 10/16/2006
18 FIRST NATIONAL COLLECTION BUREAU, INC. ilndce 1:2007cv01308 03/08/2007 480
19 FIRST NATIONAL COLLECTION BUREAU, INC. gandce 1:1996cv01578 06/24/1996 370 08/12/1996
20 FIRST NATIONAL COLLECTION BUREAU, INC. nyedce 1:2005cv01903 04/19/2005 480 11/08/2005
21 FIRST NATIONAL COLLECTION BUREAU, INC. paedce 2:2002cv02170 11/01/2005 320 11/21/2005
22 FIRST NATIONAL COLLECTION BUREAU, INC. nyedce 1:2006cv03324 07/10/2006 890
23 FIRST NATIONAL COLLECTION BUREAU, INC. nyedce 1:2005cv03370 07/18/2005 480 10/21/2005
24 FIRST NATIONAL COLLECTION BUREAU, INC. ilndce 1:2006cv04742 08/31/2006 480
25 FIRST NATIONAL COLLECTION BUREAU, INC. ilndce 1:2006cv05662 10/18/2006 480 01/11/2007
26 FIRST NATIONAL COLLECTION BUREAU, INC. ilndce 1:2003cv09291 12/23/2003 890 03/16/2004
27 FIRST NATIONAL COLLECTION BUREAU, INC. ilndce 1:2003cv09291 12/23/2003 890 03/16/2004

I have not read the individual case files yet,but this is the summary of case downloaded from Us courts website thru Pacer.

Cajunbulldog- I urge you to read the case files; if you have time and want a chuckle, please read them. Not one has resulted in a judgment against FNCB. It is amazing how silly the suits are, as apparently the lawyers are getting bored with the changes in bankruptcy laws, they target agencies for silly things. What do I mean? Like sending a letter offering a reduced amount for a consumer to settle the account, with a large discount...then sending another one later so that we can make an offer, even a better one than the first, in order to help the consumer and get the account recovered for our client. That resulted in a law suit. Apparently offering a settlement then offering a better one is confusing. Is that not sad? The Fair Debt Collection Practices Act needs much clarification-- and the rule of thumb, as detailed in the Act, is that information from an agency should not be confusing to the "least sophisticated consumer". Basically, Congress isn't holding out much hope for the intelligence of the average consumer. Most suits we have seen have been in relation to consumer confusion in some form or another. But looking at some of the beauties we've had: How about the suit alledging abusive collector calls? We never had a number for the consumer and we provided phone records to show that we never made a call at the times alledged. This came from our service provider and when the consumer had that lump in their throat when they could not produce proof to substantiate their claim, that suit ended. There was one involving our letter not detailing interest on an account, when we did not, in fact, assess interest on the account. That went away. There have been several where our client had sent the account to us when it was bankrupt in the previous few years, only the bankruptcy information was not sent to the correct address for our clients so they were not made aware. This did not result in a simple call from the consumer to clear things up, just a filed suit by their itchy attornies. I will admit, we did have one suit against us that was valid. We did contact a consumer to offer a discounted amount after the account had been noted to show that the consumer was represented by an attorney. This was a blatant error on our part, as we are required to work only with the attorney if we are aware that a consumer is represented by an attorney. It was, by far, our nicest collector who made a mistake-- and her aim was to offer a larger discount to the consumer than they had previously been offered. This ultimately did not result in a judgment either, but was handled amicably.
Not long ago I got another with comical allegations, when we had never been successful in making contact with the consumer. I contacted the attorney who in no uncertain terms told me that X number of $$ will make it go away before it begins. If ethics violations don't eventually take their toll, this attorney will probably have a nice big house in the burbs with a poolboy named Jacques. Our most recent case out of Pennsylvania involved a consumer who was an attorney and he crafted hyper-technical fdcpa violations that were quite outlandish. We secured representation, answered the complaint, and trial was set. Two days before the date, the consumer/attorney called our office, although he knew that we were represented by an attorney in the case, and was blatantly asking us to settle so that he would have to face us in court with a meritless and ridiculous case. We declined. He failed to show up to court and the judge allowed a continuance (most likely an elected official in that district wanting to cut some slack to his constituent). Nevertheless, he did not show up for the second court date, and judgment was rendered in our favor. And, oh, yes...he is being sanctioned by the court to pay our attorney fees.
Unfortunately, the law suits we see are quite baseless, so you would be better not to assume that the sheer number of filings is an indicator of guilt or negligence. There are larger agencies that get that many in one month, it is all relative to the number of accounts an agency has to collect. The list you have compiled covers 13 years, the average comes to two a year. You know that merit is not necessarily a requirement for filing of a suit. One could file a law suit for getting a hangnail in a convenience store, and prisoners file because they don't like peanut butter sandwiches served in prison. Don't look at the length of the list, look at the merits of the case and you will find that it may make an interesting read, but so does the National Enquirer for some.

[cajunbulldog]

Bill T,I will read up on them some more,but your frankness has already answered some of my concerns.I do know what you are talking about with invalid lawsuits.I am a advocate to help the community from the 99% that refuse to follow the law. Normally what happens when I would post a summary like that is a collector getting downright rude. You have fallen in the 1% of collectors that know their jobs in your answer. I will do my checking and check back later.Have a good day.

I received a letter from FNBC saying they were going to sue me on behalf of their client. Then a few months later, I received another letter saying their client, Attention Funding Trust, LLC, was willing to settle for two payments made 30 days apart, for a debt that was over 6 years old (way past the statute of limitations in my state). I tried to find a lawyer to fight this judgement without success. All were scammers or bankruptcy lawyers.

I knew the debt, the original creditor, and what I actually owed before they raised my interest and minimum payment to way over the level I could afford. This settlement offer was only several hundred dollars over the original debt amount, so I decided to do it. It seemed fair and I didn't want to go to court over an old debt that I could now afford to pay.

I sent in my fist payment. It was deposited. I sent in my second payment 20 days later. It was not deposited. Since the first one took several weeks to deposit, I wasn't too worried. After over a month, I finally called FNBC to see what happened to my check. They said their client recalled the account because payment wasn't received in time. I said that's not true, I have proof that both payments were delivered to you before the due date. What happened to my check?

Then the woman I was speaking with had to consult her manager. She said that the client, Attention Funding Trust, LLC, recalled the account seven days after receiving the first payment.

I asked to have my check refunded then since the deal was canceled without my knowledge – and if it was, why wasn't I notified? She said that it was up to the other company to notify me, not them.

They said they couldn't refund my payment, they've turned it over to to Attention Funding Trust. As for the other check, they've returned it to me. This is not true – I've received no check and no communication from either agency.

This is extremely dirty in my opinion. This is why there are lawsuits filed against both these companies. What they are doing is illegal.

What this has done is made a debt that was past the statute of limitations new again, so they can sue for the ridiculous amount that they say I owe (eight time the original, valid debt), plus they have thousands of dollars of my money that was paid to them under false pretenses which they refuse to refund.

Do not under any circumstances trust either company to be fair. It's all a scam.

umm i got one of these too and i have never been to N.V or where ever the hell they are collecting from and they are saying i owe them alot of money...!!! im wundering if this is a scam

I received your letter today and I no longer live at the address on the letter. I will try and get the money in as soon as possible. Thanks
Thomas I removed your personal info Cajunbulldog

[cajunbulldog]

Thomas you are posting personal info on a public internet forum. I have removed your personal stuff from your post.Please contact the collector at their address.

I made a payment to this agency and it was cashed a few days later, this was supposed to settle my debt! ( this was 4 months ago) A few days ago I got a letter in the mail regarding the same bill only from a different collection agency what do I do?

[cajunbulldog]

cyndi,I would send them a letter with proof stating debt has been paid and no longer exists.Send it certified return receipt mail.

I received a letter from these people about a debt from a store that hasn't been here for years. I called and they said it was from 1997. Why is this the first I have heard about it. Makes me wonder. The letter said they would settle for 50%. It's such a small amount so is it worth my time to investigate or just pay it. But wouldn't paying it admit i owe it? Does anyone know the SOL for Alaska?Thanks

[Anthony Lemons]

Hi Cyndi, I am in Anchorage. SOL for Alaska is 7 years since I last looked.

[Anthony Lemons]

If the SOL is past, do not pay anything, it restarts the clock. You legally do not need to pay. They may continue trying to collect, but you don't need to pay.
You can always send them my letter:

Sample debt validation letter/ Cease and Desist Letter. Do not pay a collection agency any money without first sending this letter. If you have any questions, please contact Anthony.

(Your name)
(Your address

Collection company name
Company address

(Date)

Re: Acct# 00000000

To whom it may concern:


This letter is being sent to you in response to a notice sent to me on March 8th, 2050. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

1. What the money you say I owe is for
2. Explain and show me how you calculated what you say I owe
3. Provide me with copies of any papers that show I agreed to pay what you say I owe
4. Provide a verification or copy of any judgment if applicable
5. Identify the original creditor
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major credit Bureaus (Equifax, Experion or TransUnion) this action might constitute fraud under both federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate in bringing legal action against you for the following:

1. Violation of the Fair Credit Reporting Act-reporting inaccurate information
2. Violation of the Fair Debt Collection Practices Act-continuing collection activity on a debt which has not been validated

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing of any information to credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

REQUEST FOR CEASE AND DESIST OF CONTACT BY YOUR OFFICE: I would also like to request, in writing, no further contact, either in writing or telephone be made by your office to my home or to my place of employment, unless it is to provide validation or release of liability of the debt. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with third parties, it will be considered harassment and I will have no choice but to file suit.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.

Thank you,

Signature
Printed name

[Anthony Lemons]

Cindi, here is the Alaskan information: Up Alaska Statutes of Limitations

Action on a sealed instrument: 10 years (A.S. 09.10.40)

Action to recover real property: 10 years (A.S. 09.10.30)

Action upon written contract: 3 years (A.S. 09.10.55) Note: prior to 8/7/97 -the statute of limitations for written contracts was six years.

Action upon contract for sale: 4 years (A.S. 45.02.725) However, limitations by agreements may be reduced, but not less than one year (A.S. 45.02.725).

I received a letter from 1StNat.Collection Bureau. They sent it to TN where I use to live. I no longer live there. They are stating I owe 230.00 to EPS...they say I have 30 days to dispute this. I do not owe anyone. They have assigned me an Account# and phone number to call. What would be the best way to go about this. Oh I now live in pennsylvania and have been for over 5yrs.

[Anthony Lemons]

http://www.fair-debt-collection.com/SOL-by-State.html
You may check your state's Statute of Limitations on debt here. If the SOL is past, you legally do not have to pay. If you do make a payment towards a past debt, it restarts the clock.

You should send them a letter of validation. Come to my site, and on the side is a link called; "Sample letters for all collection issues". There is a sample letter of validation there.

Does anyone know the Georgia SOL?