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ramj70 · 04-27-2007, 09:19 AM

"But this does not apply to the original creditor, just debt collector or CA, right? What happens if the creditor is not following these rules? Who should I report them to?"

1692(A)(6) states: "the term (debt collector) includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts."

So a creditor can be sued if they use a different name and try to pass themself off as a debt collector. I saw a few cases on lexis where some creditors were sued for implying they were a debt collector. This doesn't apply however to a company that has its own debt collection department, as long as they only service that specific company.

merdoson · 09-01-2007, 04:26 PM

What are the rights of the collecotrs after they get a judgement against someone? What can they do and not do

Morningstar · 09-01-2007, 09:22 PM

I depends upon the laws of your state. Some states are more consumer friendly than others.

Generally speaking, though:

Haul you into court every year to acertain your assets
Garnishment of wages
Seizure of property (personal or real)
Seizure of bank accounts

09-02-2007, 03:38 AM

I wrote a letter to a court collection officer who keeps showing up at our house on behalf of Capital One, telling him that under sec. 1692c I was requesting that he stop coming and that we have no assets that are legally collectable. He showed up at the house again and said that that law does not apply after there has been a judgment. Anyone know if this is true?
Also here in Michigan the term Collector does include court officers but I am not sure about the federal law. Anyone know?

Thank you

Morningstar · 09-05-2007, 03:24 AM

Bumping this because I do not know for certain if this person would be considered a collector under the fdcpa...

I suspect the real answer would lie in whether or not the FDCPA applies before a judgment, but I've been wrong before. And he did not actually state that the FDCPA applied before, either.

If Michigan law defines him as a collector, and Michigan law gives you the right to send a cease and desist letter, you can always complain to the court and/or your state's attorney general.

Cajun, LawStudent?

Edit: Is this person attempting to serve/enforce a writ? I am certain that changes things.

cajunbulldog · 09-05-2007, 05:05 AM

This one I don't know the answer to right off. However if a court officer is attempting to put a writ of execution on a person he is not a collector in my opinion. He is a officer of the court performing his duties.

ramj70 · 09-05-2007, 06:39 AM

What does this court collection officer tell you exactly when he comes to your house? Does he just flash his badge and leave, what does he say to you? Also, did the court have you fill out an asset form stating what your assets are?

Sam Glover · 10-15-2007, 08:32 PM

I share office space with Pete Barry, who wrote the summary in the original post. Pete probably doesn't mind you posting that here, since his practice is helping consumers by suing debt collectors, but it would be good manners to ask him first. His website is lawpoint.com, where there is a form to e-mail him.

If you do post it, it would be better to attach a PDF version of the original document.

Sam Glover · 10-15-2007, 08:38 PM

This summary is less useful for consumers than for lawyers. You would do better to read the actual Fair Debt Collection Practices Act, which you can find easily using Google. Or just go here:

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

It is not long, and is fairly easy to understand.

03-18-2008, 09:49 AM

LVNV has sent my acct to an atty, but I still get up to 5 calls a day from their toll free #. I do not answer and v-mail messages never identify where they are calling from. I know who they are from answering in the past. Anything I can do. I intend to pay the debt, just not as fast as they would like.

boots288 · 04-17-2008, 08:50 AM

Â§ 1692 d(5) Caused the phone to ring or engaged any person in telephone conversations repeatedly
Â§ 1692 d(6) Placed telephone calls without disclosing his/her identity?

Ah... this sounds just like the debt collectors that have been harassing me for the past 10 days. The agency has used several 1-800, 1-888, and 1-866 numbers to get to me. Ten at the last count.

I've already said I have someone working with me on my debt and was told nastily by the guy on the other end of the line "I owe it" and "Pay it all--or else"

04-24-2008, 07:09 PM

Am I missing something? I read this twice and both times I read that it pertains to a creditor - and defines a creditor as someone who extends credit and creates a debt - doesn't that include the original creditor? It does not say anywhere except for original creditors. Am I missing something

Morningstar · 04-25-2008, 12:11 AM

The fdcpa lays out a few definitions, one of which is "creditor", another of which is "debt collector". Read the prohibited acts more closely, you will see that the term "debt collector" is used, not creditor.

sattodo · 08-13-2008, 10:59 AM

I have been getting calls from I. C. Systems. I have been told by the people that have called me that "I should have never had kids if I couldn't pay my debts" "My priorities are all wrong" and "I should be out there working to pay my debts". These are just a few things being said to me. I am a stay at home mom of 3 lil ones. My husband works and we only have so much money to go around. Well when I got the card from HSBC (best buy) Our money was fine. Then husbands hours went way down and it was either house payment, food, and utilities or a credit card...well family in my eyes are number one. So how should I handle this? I have called and talked to a so called "supervisor" and didnt get anywhere. He said "I will talk to them" thats it. What can I do personally?

frodo · 08-20-2008, 08:22 PM

this paragraph deals with the times to call the consumer,is 8 am - 9pm.. i got that but....it clearly statesthat in the absence of knowledge of circumstance to the contrary ,a debt collector shall assume.......Doesn't this mean that if i inform them, that it is inconevnient to contact me, any time except. say 5 pm-6pm. that they will have to abide by that.
now that they know other times will be inconevnient?
also.... is a collector, required to identify himself,by means of
not blocking the id on the call id. in otherwords not displaying ''unavailable''.
to not do so would be harrassing and abusive. according to
the f.d.c.a causing a telephone to ring or .....
what do you think on these points..

frodo · 08-20-2008, 08:31 PM

i was told today, ''i can call every 15 minutes. if i want. i am a first party collector''
i wanted to say b&&^h. no you can'tbut i refrained.
as you get older,you learn to think before speaking.
is there a difference, between a 1st. party and a 3rd party.
as far as the fair debt act?
please help with questions before i loose my religion!!