Questions on Unlicensed Debt Collectors
Date: Fri, 12/12/2008 - 05:37
So in this lawsuit the attorney says they want production of documents, My SS number every bank account I have had for 10 years, every credit card, loan....everything and they want ALL account numbers. I think this is BS and has nothing to do with the case at hand. They also want all information regarding the debt they say I owe, which obviously I do not have.
They want me to either mail or go to the debt collectors office so they can copy all this information. What I find interesting is they said they want me to go to the debt collector and NOT the attorney's office. I have said it before that the attorney and the debt collector both share the same address, I have researched it and confirmed it. Now a new attorney owns this law firm, the other one bailed out probably because she was afraid of getting disbarred like her old boss did.The new attorney has another law office in a different name than the one who is suing me about 25 miles away from the one he owns that is suing me.
So now my questions:
1. Would it appear to you that this law firm is renting out his law license? Why would he not sue me from his regular law firm and why is he suing me from a law firm is at the same address as the debt collector?
2. Does it appear that all the information I have from the Summons, interrogatories, etc... was in fact drawn up by the debt collector and not the attorney and do you think the attorney even has a hand in any of this yet?
3.As I mentioned, The attorney said I need to produce documents to the client, the debt collector, so this would be considered unlicensed collection also, right?
4. If a debt collector is unlicensed then I should not have to provide anything to them, is this correct?
5. lastly my closing argument, if they are unlicensed and I don't have to provide them with anything then they can't sue me and the case should be dismissed with prejudice, because the first time they attempted to sue it was dismissed with prejudice by the court.
reply
do have documentation of the dismissal.if so respond with that.i wouldn't provide anything but the document stating this was dismissed with prejudice.i would also consult a consumer attorney on a contingency basis and countersue this rent-a-lawyer.that's right in response to another of your questions.this is a rent-a-lawyer.you really should countersue.
Oh I have documentation of everything. I think it's too late to
Oh I have documentation of everything. I think it's too late to counter sue because I did not put it in my answer. I figured it's a rent a lawyer because when the woman at the law firm the first time I was sued I called the law firm number and the debt collectors number within 2 minutes of each other. The same woman picked up both times. I tried this a few times on different days and it was the same. She claimed to be the lawyer but I can't say for sure.
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if you answered that this was dismissed with prejudice before.you can still consult a consumer attorney about your options.just because you didn't file a motion to countersue doesn't mean you can't.
No it was dismissed without prejudice the first time, sorry my m
No it was dismissed without prejudice the first time, sorry my mistake. But I did send them a DV letter and told them they violated the fdcpa the first time they sued my because they did not include the 30 day disclosure in the initial communication. I figured they can't validate it because it's not mine and they wouldn't attempt to sue me again,boy was I wrong.
But besides that do they have the legal right to sue me, tell me they want documents, etc if they are not licensed to collect debt in my state?
Section 24A. (a) No person shall directly or indirectly engage in the commonwealth in the business of a debt collector, or engage in the commonwealth in soliciting the right to collect or receive payment for another of an account, bill or other indebtedness, or advertise for or solicit in print the right to collect or receive payment for another of an account, bill or other indebtedness, without first obtaining from the commissioner a license to carry on the business, nor unless the person or the person for whom he or it may be acting as agent has on file with the state treasurer a good and sufficient bond.
Whoever fails to comply with any provision of this section or sections twenty-four to twenty-seven, inclusive, or any regulation promulgated in accordance with the provisions of section twenty-four, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than three months, or both.
Failure to comply with any provision of this section or of section twenty-four to twenty-seven, inclusive, or any regulation promulgated in accordance with the provisions of section twenty-four shall constitute an unfair or deceptive act or practice under the provisions of paragraph (a) of section two of chapter ninety-three A.
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so it was dismissed without prejudice.okay just file that you have no knowledge of the alleged debt.this bottomfeeder is grasping at straws.they have nothing so they want you to provide them with something to use against you.deny,deny,deny.