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Ffg

Date: Thu, 02/24/2011 - 18:44

Submitted by anonymous
on Thu, 02/24/2011 - 18:44

Posts: 202330 Credits: [Donate]

Total Replies: 1


Whoever said that they got served with summons, were probably one of the kids who works for the company. If company location elsewhere (not in your state) company would have to retain atty in your state to sue you or file legal action against you themselves, but it has to be in your state. You would also get served by the sheriff or special process server. If you were not served, judge would issue alias summons. If you did took a payday loan, and did not pay, then, look in your contract. YOU did sign document that indicates that in case of default on your loan, you entering default judgement against yourself. If that's the case, then still, they would have to obtain judgement from your county. Check your local court record, it is public. If judgment was entered, then they would not even bother to call you, and trying to collect on the judgement, there would be no need (because all they have to do now, is start garnishing you). If they still calling, then it means, that their company probably purchased your bad debt (if any) and trying to make you pay. What owner of that company don't understand, is that company can be sued for every FTCPA laws and regulations violations, as well as FTC and State and local laws violations
Also, sent company letter requesting to cease further communication. According to Fair Debt Collection Practices Act "If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt."

Under the Fair Debt Collection Practices Act:
1. Collection agencies are not allowed to hassle your debtor???s friends and family for debt that they owe. Tactics like those are against the rules of the FDCPA

2. Debt collectors my NOT harass, oppress, or abuse your debtor or any third parties they contact. For example, debt collectors may not:
Use threats to violence or harm
Publish a list of consumers who refuse to pay their debts (except to a credit bureau)
Use obscene or profane language; or repeatedly use the telephone to annoy a debtor
Issue false statements in order to coerce the debtor

3. Debt collectors may not use any false or misleading statements when collecting a debt. For example debt collectors may not:
Falsely imply that they are attorneys or government representatives
Falsely imply that your debtors have committed a crime
Falsely represent that they operate or work or a credit bureau
Misrepresent the amount of a debtor???s debt
Indicate that papers being sent to a debtor are legal forms when they are not
Indicate that paper being sent to a debtor are not legal forms when they are

4. Debt collectors may not state that:
The debtor will be arrested if they do not pay their debt
They will seize, garnish, attach or sell the debtor???s property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so
Actions, such as a lawsuit, will be taken against the debtor when such action legally many not be taken, or when they do not intend to take such action
Give false credit information about your debtor to anyone, including a credit bureau
Send your debtors anything that looks like an official document form a court or government agency when it is not
Use false names


Also, Fair Debt Collection laws including: contacting consumers after being asked in writing to stop; contacting them at their workplaces after being told that employers didn???t allow those calls; discussing their debts with third parties (i.e. employers, neighbors, etc.); falsely claiming that they were acting on behalf of an attorney; threatening them with legal action; and failing to verify the debts

Check laws and regulations in your state

Good luck