The more I read, the more confused I get...
Date: Thu, 12/21/2006 - 10:48
After doing a ton of reading on this site, it is clear that they are in violation of sending me notice within 5 days that they are trying to collect on this debt and that I have 30 days to dispute. But I wonder what other violations are being racked up against them.
Is it Legal for them to collect in the state of Nevada? Does my statute of limitations for the debt go by where I currently reside, where I resided when I signed the agreement or where the company is? Do I make complaints to their state's AG's office, or my past or current state's AG office. Is it illegal for them to claim that payment HAS to be received within 24 hours? For them to claim that payment HAS to be made by check-by-phone or Western Union?
Oooh - here's another question... if my ATTORNEY was the one who wrote the original cease and desist letter to the original creditor -(which he did)- and they did not contact HIM regarding this debt, is that a violation?
I will try to answer one by one. Collection agency has to be
I will try to answer one by one.
Collection agency has to be licensed in the state before they attempt collections on consumers. Any company that collects consumers' debts without a valid licensed in the borrowers' state is illegal. This can be one of the fdcpa violations.
The SOL of that state will be considered where the account originally occurred. It doesn't matter if you have changed places. The SOL of the new state will not come into picture but the CA has to be licensed in this state where you are residing.
Complaints to the AG can be reported to the state where you are presently residing because the collections are done in an illegal manner in the present state. However, you can report to the AG of the previous state also.
For any payment done on the account, there has to be a proof of it. The company cannot throw in the air that they received a payment and because of this, the SOL got renewed.
After the cease and desist communication is ordered by the consumer or his attorney, the collector cannot contact further unless they have to notify about a legal case filed against the person. For this, they should contact your attorney first. What are they saying now in their contact after the cease and desist communication is already ordered. Is the debt validated in writing?
Go through the FDCPA01 laws for knowing your rights while dealing with the CA. This will be helpful.
