law firm.... NOT CA, so no debt validation.???
Date: Tue, 05/23/2006 - 06:53
If they were a law firm wouldn't they have actually sent me a letter telling me I owe the debt and give me 30 days to respond?
The only correspondence I have had from these people is a fax and its not signed by a lawyer but a collections manager.
So law firm or not shouldnt someone still give me validation of this debt??
It should if they are collecting a debt and they themselves are
It should if they are collecting a debt and they themselves are not the original creditor then they HAVE TO follow the FCRA and the fdcpa and validate the debt if they do not, you are not legally obligated to pay. Try this letter:Quote:
ABC Collections 123 NotOnYourLife Ave Chicago, IL Date: Re: Acct # XXXX-XXXX-XXXX-XXXX To Whom It May Concern: This letter is being sent to you in response to a notice sent to me on September 30, 2002). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. This is NOT a request for ???verification??? or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: ??? What the money you say I owe is for; ??? Explain and show me how you calculated what you say I owe; ??? Provide me with copies of any papers that show I agreed to pay what you say I owe; ??? Provide a verification or copy of any judgment if applicable; ??? Identify the original creditor; ??? Prove the Statute of Limitations has not expired on this account ??? Show me that you are licensed to collect in my state ??? Provide me with your license numbers and Registered Agent At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: ??? Violation of the Fair Credit Reporting Act ??? Violation of the Fair Debt Collection Practices Act ??? Defamation of Character If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I am revoking, in writing, any and all voluntary wage assignments you may have or had. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose. Best Regards, Your Signature Your Name |
Attorneys ARE covered by the fdcpa and MUST validate upon reques
Attorneys ARE covered by the fdcpa and MUST validate upon request. Fromthe FTC's Staff Commentary of the FDCPA website:
[quote]Section 803(6) defines "debt collector" as a party "who uses any instrumentality of interstate commerce or the mails in . . . collection of . . . debts owed . . . another."
1. Examples. The term includes:
* Employees of a debt collection business, including a corporation, partnership, or other entity whose business is the collection of debts owed another.
* A firm that regularly collects overdue rent on behalf of real estate owners, or periodic assessments on behalf of condominium associations, because it "regularly collects . . . debts owed or due another."
* A party based in the United States who collects debts owed by consumers residing outside the United States, because he "uses . . . the mails" in the collection business. The residence of the debtor is irrelevant.
* A firm that collects debts in its own name for a creditor solely by mechanical techniques, such as (1) placing phone calls with pre-recorded messages and recording consumer responses, or (2) making computer-generated mailings.
* An attorney or law firm whose efforts to collect consumer debts on behalf of its clients regularly include activities traditionally associated with debt collection, such as sending demand letters (dunning notices) or making collection telephone calls to the consumer. However, an attorney is not considered to be a debt collector simply because he responds to an inquiry from the consumer following the filing of a lawsuit.
[/quote]
furthermore,if your state licenses collection agencies, there is
furthermore,if your state licenses collection agencies, there is a good chance that they would require a license. Most states exempt attorneys when they are acting as outlined in the last bullet of Clays post above, but if they are primarily acting as a CA then they must be licensed. Also, if they claiming to be an attorney yet are not licensed (admitted to the bar in your state) then there actions as an attorney have no power in your state.. furthermore, if their representatives act like attorneys and are not they may be guilty of misrepresentation, practicing law without a license..
So when your dealing with so called law firmsa nd they start their threats of legal action ask to speak to the attorney handling your case....ask the person quoting law if they area an attorney... in othewords don't take their crap
