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Okay, first of all, are these guys actually attorneys?!?! I got a letter from them a couple months ago, saying they were collecting a debt for CACH...I sent a validation letter 2 days after I got their letter....never recieved a thing. Then I gave the account to the attorney handling my settlements.

Now today I get a letter from these jerks who ignore my validation letter, and the fact that this account is with an attorney. So, I guess I will be calling the attorney tomorrow, but that is so annoying. They flat-out ignore the law...and they are supposed to be lawyers!!

Maybe I will email Ed Combs office about this and see what they say, since they really want to get these guys.

Posted: Wed Mar 01, 2006 9:09 pm Subject:

This Firm??? is not a member of the BBB and are listed as Legal Services Plans /Collection Agencies
on the BBB site.

Posted: Wed Mar 01, 2006 9:18 pm Subject:

So they're just passing themselves off as lawyers as a scare tactic. gosh, do the games ever end!!!!! TMD, good thing you have a lawyer to handle your stuff for you!!! you don't have to get all stressed out by these little games.

Posted: Thu Mar 02, 2006 4:19 pm Subject:

Yeah, but I still get the stupid letters from them, I am sick of them.

Posted: Fri Mar 03, 2006 7:13 am Subject:

One thing to keep in mind is that the [url=http://www.debtconsolidationcare.com/fdcpa.html]fdcpa[/url] only applies to "[url=http://www.debtconsolidationcare.com/handle-collectors.html]debt collectors[/url]"; the Act defines a debt collector as a person (including corporate persons) whose business is principally debt collection for others. A law office that only does about 15% of its business in debt collections is not a "debt collector" and can ignore the demand for verification letter with impunity. I've litigated that one in federal court and lost on that very point, so it's a principle etched into my mind very clearly.

Posted: Fri Mar 03, 2006 11:29 am Subject:

Got your point. So what is the procedure of dealing with law firms then? Do they need to send some written documents to the debtors while collecting the debt? If not, then how consumers will understand if the firm is really holding their account? I think there should be some rules for law offices also. Lots of scams are there, so it's difficult to understand who is legit and who is not!

Posted: Fri Mar 03, 2006 12:34 pm Subject:

My approach is always to send all possible written notices to everyone. If it gets to the point that I need to sue them, then they can raise the defense that they're not really "[url=http://www.debtconsolidationcare.com/handle-collectors.html]debt collectors[/url]" in a motion to dismiss. There are some that only do debt collections and their names pop up on this website a lot. Wolpoff and Abramson, for example. But if you get a letter from Joe Generic, Esq., whom you've never heard of, you can call them at their main number and ask whether or not they do debt collections (as if you wanted some done) - if they say, "yes, that's all we do" or some such, make a note of the call, whom you spoke with, when, etc., because that's evidence you can use if they later claim they're not "debt collectors". If they say, "no, not much", and they're local to you (at least licensed in your state - call the state bar association or supreme court membership secretary), then you might as well talk to them and work out a payment plan, 'cause that's probably someone who really will file suit, and has only contacted you as a courtesy before doing so.

I often tell my clients who want me to write such letters for them that the best demand letter is a warrant in debt (the form used to initiate suits in the Virginia General District Courts). I just go ahead and sue. That way, there's no question about whether I am a "debt collector" (I'm not, but I don't want to have to argue about it, either.) It's lawyers like me, not covered by the Act, who'll file suit first and ask questions later, the big collections factories don't really understand litigation, and don't want to do it. That's why they farm out the litigation to other lawyers as a last resort.

Posted: Fri Mar 03, 2006 3:16 pm Subject:

Well, if they are not debt collectors, then they are idiots...because at the bottom of their threatening little letter it says "This is a communication from a debt collector". Therefore, they just called themselves a debt collector and need to follow the law and validate the debt, or stop sending threats until they do!!!

mindys · Posted: Fri Mar 03, 2006 3:16 pm Subject:

So what about the original creditor. If they are a payday loan and requesting additional fees (loan never sent to collection agency), can you send them a debt validation letter? I have a company that had payment arrangements setup with me and I paid off $390 thinking that was the end. But then they email me this letter about 'refusal to pay'. So I called them and they said I still have $390 in fees to pay. I asked them where this came from and they tell me from overdraft, fees, etc. 1st of all my checking account has been closed since August and I explained to them this. So I want to see when they were trying to take drafts out of my checking account. So I sent them a validation letter and a cease and desist letter. The lady called me back and said they don't have to acknowledge my request. My lawyer needs to contact them with a supeona to get a copy of the signed contract. Is this true? Do I have to respond to them? I have a copy of the signed certified mail from sending them the letter and they have acknowledged they received the letter. Please give me some insight as to what I need to do next.

Karen(Bossy44) · Posted: Fri Mar 03, 2006 3:20 pm Subject: RE: Workman

TMD,don't know if it's the same one,but I've had dealings with Workman and Lentz before. They are listed as attorneys in the phone book. They will want an outrageous payment, but, I have told them what I could pay each month comfortably, and they worked with me. Hope this helps

Posted: Fri Mar 03, 2006 3:22 pm Subject:

Unfortunately, I cannot pay anything monthly right now. I am going to Nursing School full time and graduate next month. After I start working, then I can start making payments, but as of right now, I am already paying as many people as I can...and I am paying those who have priority, like my house and vehicle.

Actually, I also have this account with a debt settlement company, and they told me that per my contract I am not supposed to be contacting these guys at all, or making any payments directly to them. So, I am kinda stuck. When I have enough money built up in my settlement account, they will get paid.

Posted: Fri Mar 03, 2006 3:24 pm Subject:

By the way, the reason I sent the validation letter is because the original letter they sent me did not have any info on the original creditor, only an amount due.

Posted: Fri Mar 03, 2006 3:25 pm Subject:

mindys,

IMO, debt validation is not applicable for original creditors. fdcpa is made for third party debt collectors only. However, if your creditor adds up fees without your knowledge, you can send them letter asking for details, but the term �Debt Validation' is not applicable here.

Posted: Fri Mar 03, 2006 4:12 pm Subject: workman law office

You can look up some lawyers in Martindale Hubbel's directory in the law library at your courthouse or local law school or look at martindale.com. Listing is optional.

They say there is a "workman law office" located in Ft. Collins, Colorado, there's one lawyer there, and his name is Mark Workman. If that's not where the letters are coming from that you're getting, maybe Mark ought to know someone's using his name. If it is, then he's probably not covered. The directory says he mostly does Civil Practice, Criminal Practice, and Family Law. I sent them an email asking whether it is them or not.

I strongly suggest that you look up the payday loan act and consumer protection act in your state. Chances are you could file suit where you are against either or both of them, not necessarily under the [url=http://www.debtconsolidationcare.com/fdcpa.html]fdcpa[/url]. In Va., sending someone an invoice for money they don't owe is a violation of the consumer protection act, good for $500 minimum statutory damages plus attorneys' fees.

And, btw, Stanley is correct, the FDCPA does not apply to creditors, only to "[url=http://www.debtconsolidationcare.com/handle-collectors.html]debt collectors[/url]". And another btw, the BBB is a consortium of businesses, the purpose of which is to give consumers someone to complain to without actually doing anything effective. You feel like you did something if you complain to the BBB, so you're more likely to give up and go away. The only thing they can do is write a letter to the offending business, though of course they're more likely to do that if the business isn't paying dues to the BBB. You want to do something effective, (1) write letters, don't use the telephone and keep copies of all correspondence with proof of mailing and (2) file suit if writing letters doesn't work.

Posted: Fri Mar 03, 2006 5:46 pm Subject:

The address is:

Workman Law Office, PA
4237 Salisbury Road North, Suite 308
Jacksonville, FL 32216
(904)470-4515

Posted: Sat Mar 04, 2006 7:36 am Subject:

Has anyone noticed that alot of the debt collectors are beginning to surface more and more from Jacksonville, Florida?

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