logo

Debtconsolidationcare.com - the USA consumer forum

Unlawful

Date: Tue, 03/09/2010 - 06:51

Submitted by anonymous
on Tue, 03/09/2010 - 06:51

Posts: 202330 Credits: [Donate]

Total Replies: 3


I received a call from First National Collection Services. They said it was regarding my court hearing. I have not received one bit of prior notice regarding this. If it was something this serious wouldn't I have received something in the mail? I didn't think collection agencies could actually sue someone. I thought only the original company could (whoever you received the loan from). I have a call out to my attorney but I figured I would try to find out the answer in the meantime.


Who was the original creditor? You can call your local court and ask them if there has been a suit filed against you. Have you relocated lately? If you find out there is no such suit against you then this collection agency lied to you and that is a violation of the FDCPA, they could be subject to a fine and you could actually sue them in a court of law, however, you would need some type of proof that would hold up in a court of law in order to win a case against them for violating the FDCPA.

If you do find out there is no actual case against you I would tell this collection agency they are required by federal law to send you a dunning letter (letter of collection) in the mail within 5 days of their first initial contact with you. Once you receive a letter of collection you will have 30 days to dispute the debt and request validation.


lrhall41

Submitted by Shazzers on Tue, 03/09/2010 - 20:33

( Posts: 17344 | Credits: )


A collection agency can sue you. It happens quite often. But they may also fake about a court case or use it as a scare tactic to intimidate the debtor to pay them and it happens even more often. You may check up the county court site to confirm the truth about their claim.


lrhall41

Submitted by SC on Tue, 03/09/2010 - 21:00

( Posts: 3937 | Credits: )


Quote:

Originally Posted by Anonymous
I received a call from First National Collection Services. They said it was regarding my court hearing. I have not received one bit of prior notice regarding this. If it was something this serious wouldn't I have received something in the mail? I didn't think collection agencies could actually sue someone. I thought only the original company could (whoever you received the loan from). I have a call out to my attorney but I figured I would try to find out the answer in the meantime.


did this scuzzbucket give you a case #?that is key as there has to be a case #.if they didn't then have your attorney ready,because it's lawsuit time baby.that's right i can't in this case suggest you tell them to send something.you have an attorney,they broke the law with that call if there is no case.check your state laws in regards to recording calls get their illegalities on tape.then sue them a good one.time to teach bottomfeeders a lesson.


lrhall41

Submitted by paulmergel on Wed, 03/10/2010 - 05:18

( Posts: 15514 | Credits: )