Debtconsolidationcare.com - the USA consumer forum

harrassment

Date: Wed, 10/19/2011 - 12:21

Submitted by lori_165@yahoo.com
on Wed, 10/19/2011 - 12:21

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Total Replies: 5


midland has been harrassing me forever now they got attorneys kramer and frank harrassing me they are a junk debt collectors what are my options?


Cease communications come in two flavors.

You can invoke a limited cease communication bar by sending a timely DV request. That invokes an automatic cease communication bar until such time as the debt collector has sent you validation of the debt.
The recommended first step, as it also places a request for debt validation upon them.

An unlimited and unconditional cease communication bar can be invoked at any time by sending them a letter under FDCPA 805(c).

Has the new debt collector sent you separate dunning notice? If not, a DV to them at any time would still be timely.

As for the ability of a debt collector to bring legal action after the SOL has expired, there are numerous federal case law precedents holding that if a debt collector brings legal action once they have actual knowledge that the SOL has expired, that is a violation of FDCPA 807. The seminal case is [COLOR=black] Kimber v. Federal Financial Corp,. 668 F. Supp. 1480; 1987 (U.S. Dist MD Ala).[/COLOR]


lrhall41

Submitted by Lian on Wed, 10/19/2011 - 23:27

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