Call threatening legal action

Btw, is this a violation of the debt collection act?

Was it Chase or a 3rd party collection agency? If it was Chase, they are not bound by the FDCPA but I believe that FL has state law that mirrors the FDCPA in regards to the OC. Hopefully FloridaRon will see this. If not, you can PM him.

Seeing as it is the original creditor, there is no violation under the FDCPA. If they have in house collectors, they don't have to follow the FDCPA either 15 USC 1692a(6)(A) They must be employees of the original creditor and only use the name of the original creditor. If they use and other name than the original creditor, they must follow the FDCPA. If it is an outside collector they do have to follow the FDCPA. The debt must be in default at the time for the law to apply.

The debt collectors are pretty much robots, they do not care if you have no assets and your income is exempt such as disability. You can tell them this all day long and they will always get their point across just for the satisfaction of doing their job. They know they can't sue you and get anything but they do not care.

If they said it was already filed, then it is probably not true. It is just a scare tactic in my opinion.

I specifically asked if this was chase bank or a collection agency. She was adament it was chase bank and not a ca. I even made her verify several times that the papers had been filed. I asked if it was filed in my county courthouse and she told me I'd be served as soon as the servers got around to it which should be anyday now.

Does anyone know which florida statutes cover the rights and limitations of an OC to collect debt? I find it hard to believe that they can legally lie to me about a legal proceeding being filed if it wasn't.

I'm finding horror stories about chase attaching checking accounts on exempt ppl in Fla without the accountholders knowledge until their checks start bouncing.

From what I've read, the debtor would have to hire an attorney to file the documents needed to have the account freeze lifted which takes time and money I don't have.

Instead of paying my elec bill from my checking today, I withdrew all but $100 out of my account and will start paying my bills via money order now. Pain in the butt, but better than them being able to freeze the little cash I do have.

I was afraid to close the account while considering bk because I didn't want anything to look fishy. I appreciate your help and answers. Thanks.

Consumer collections practices in the state of Florida, Title 33, Part VI, 559.55 may help you in finding out the rights and limitations of original creditor.

Lizcro, the statute you are looking for is The Florida Consumer Collection Practices Act. It does pretty much mirror the FDCPA and is applied to the OC.

http://www.bcsalliance.com/

If the papers are already filed, you should be able to go to your county's Clerk of the Court website and look them up, even if you haven't been sued.

What county are you in?

Thanks. I'm in Marion County and looked on website. My name wasn't there but it only showed filing thu 2/28/09. I'll try to call the clerks office tomorrow.

I found the statute and it does apply to OC's but didn't really see where it's a violation to state legal action that hasn't been actually filed unless I'm not getting something.

At this point, I think the phone call to the clerk is next. Then I'm going to get in touch with legal aide for referral to BK attorney.

My credit is completely out of control and my income is almost nil at this point. We're barely meeting our very reasonable mortgage and household expenses. I'm definitely below poverty levels and the futures not looking any brighter.

I just looked on my county clerks website and they have filed. Says was filed 3/4/09. Summons issued 3/13/09 but I haven't been served anything yet.

I'm scheduled for a pre trial conference 04/28/09 @ 1pm along with 2 other debtors to Chase. So little chance this lawyer will miss the court date eventhough the firm is 6 hours away. I haven't received anything from the attorney, not even contact info or letter of intent.

Any adivce on what to do at the pre-trial to prove exemption and cut them off at the pass for attaching my checking account? What if I file BK and pay BK attorney by 04/06/09? I can work on paperwork in the meantime, assuring everything is ready to file by the 6th along with my payment in full to get a docket number on the BK.