Letter from Attorney to Collection Agency / Law Office
Date: Wed, 03/19/2008 - 11:07
Here is why it is a good idea to hire an attorney if you are being harassed. This is an actual letter.
To Whom It May Concern:
Please note that the undersigned has been retained by xxxxxx in regards to actions taken by the Law Office of xxxx, LLC., in the attempt to collect a debt on behalf of an unknown creditor. Upon receipt of this letter your entity must cease and desist all forms of communication with said debtor.
Furthermore, in accordance with the Fair Debt Collection Practices Act (hereinafter referred to as the 'fdcpa'), your office must alert the original creditor and any subsequent collection entities that this debtors represented by counsel.
It has come to our attention that your entity has committed numerous violations of the FDCPA and the analogous Florida statute in your attempts to collect said debt. Furthermore, we are investigating our clients' claim that members of your entity may be involved in the unauthorized practice of law. The following is a brief list of such violations. Calling the debtor at his place of business after being warned by the individual debtor to cease and desist such calls is a violation of USCS 1692 C(a)(3). Our client specifically warned an agent of your entity to cease and desist calling his work number. Your office made at least ten additional calls to his place of business after such request was made. Our client specifically requested that your entry cease such calls on each instance. However, an agent of your entry stated each time that this was the first time they had ever received such a request. In addition, the agent of said entry failed to identify the particular debt he was calling about or the company he worked for, nor would he provide the phone number company. Such conduct is a clear violation of USCS 1692 E(10); 'the use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
Utilizing, the least sophisticated consumer standard, our client was unaware of who he had spoken with and was under the impression that he had conversed with an actual attorney at-law. It was not until we attempted to call your office that we discovered that he was called by an agent of either a third-party collection outfit or a law firm. Such conduct is a violation of F.S. (Florida Statute) 559.72(12) and 559.72 (15). In addition, the Law Office of xxxx, LLC has been asked to cease and desist collection calls on this particular phone number. However, your entity has failed to heed such warnings.
The Law Office of xxxxx, LLC., is also guilty of calling said debtor so often that it can be construed to be a campaign of harassment; such conduct violates USCS 1692 D(5). The aforementioned actions are also in violation of F.S. 559.72(7).
Please feel free to call me at your earliest convenience to discuss the allegations stated within this document. The actions taken by The Law Office of xxxx, LLC, is quite egregious and I am hopeful that you will desire to resolve such claims without the necessity of litigation. I look forward to hearing from your office in the coming days and reaching an amicable resolution of said claims. Failure to respond to this letter within twenty (20) business days will be viewed as a formal denial. At such point, I will be forced to file a lawsuit in Circuit Court in and for Pinellas County, Florida. Please note that we would like to resolve all penalties due and owing under the FDCPA and the analogous Florida Statute as well as attorney's fees incurred to date.
Please govern your actions accordingly!!
This letter excludes all references to actual persons. The fonts could not be saved either but I think it still makes its point!
To Whom It May Concern:
Please note that the undersigned has been retained by xxxxxx in regards to actions taken by the Law Office of xxxx, LLC., in the attempt to collect a debt on behalf of an unknown creditor. Upon receipt of this letter your entity must cease and desist all forms of communication with said debtor.
Furthermore, in accordance with the Fair Debt Collection Practices Act (hereinafter referred to as the 'fdcpa'), your office must alert the original creditor and any subsequent collection entities that this debtors represented by counsel.
It has come to our attention that your entity has committed numerous violations of the FDCPA and the analogous Florida statute in your attempts to collect said debt. Furthermore, we are investigating our clients' claim that members of your entity may be involved in the unauthorized practice of law. The following is a brief list of such violations. Calling the debtor at his place of business after being warned by the individual debtor to cease and desist such calls is a violation of USCS 1692 C(a)(3). Our client specifically warned an agent of your entity to cease and desist calling his work number. Your office made at least ten additional calls to his place of business after such request was made. Our client specifically requested that your entry cease such calls on each instance. However, an agent of your entry stated each time that this was the first time they had ever received such a request. In addition, the agent of said entry failed to identify the particular debt he was calling about or the company he worked for, nor would he provide the phone number company. Such conduct is a clear violation of USCS 1692 E(10); 'the use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
Utilizing, the least sophisticated consumer standard, our client was unaware of who he had spoken with and was under the impression that he had conversed with an actual attorney at-law. It was not until we attempted to call your office that we discovered that he was called by an agent of either a third-party collection outfit or a law firm. Such conduct is a violation of F.S. (Florida Statute) 559.72(12) and 559.72 (15). In addition, the Law Office of xxxx, LLC has been asked to cease and desist collection calls on this particular phone number. However, your entity has failed to heed such warnings.
The Law Office of xxxxx, LLC., is also guilty of calling said debtor so often that it can be construed to be a campaign of harassment; such conduct violates USCS 1692 D(5). The aforementioned actions are also in violation of F.S. 559.72(7).
Please feel free to call me at your earliest convenience to discuss the allegations stated within this document. The actions taken by The Law Office of xxxx, LLC, is quite egregious and I am hopeful that you will desire to resolve such claims without the necessity of litigation. I look forward to hearing from your office in the coming days and reaching an amicable resolution of said claims. Failure to respond to this letter within twenty (20) business days will be viewed as a formal denial. At such point, I will be forced to file a lawsuit in Circuit Court in and for Pinellas County, Florida. Please note that we would like to resolve all penalties due and owing under the FDCPA and the analogous Florida Statute as well as attorney's fees incurred to date.
Please govern your actions accordingly!!
This letter excludes all references to actual persons. The fonts could not be saved either but I think it still makes its point!
Wow, sounds like it pays to hire an Attorney that knows collecti
Wow, sounds like it pays to hire an Attorney that knows collection laws, good for you Frogpatch, I hope you get what's due you.
It is actually 300.00 per hour but it is deducted from the settl
It is actually 300.00 per hour but it is deducted from the settlement. I don't know why so many people want to fight for themselves. You would be going up against someone like this!
I would much rather have an Attorney, if I could find someone ar
I would much rather have an Attorney, if I could find someone around here that works on a contingency basis, so far, I haven't. :?
