FDCPA question

If the original creditor sells the debt after charge off. Can the entity that purchased the debt be considered the original creditor so as to limit the FDCPA that would apply only to a debt collector

no, they cannot. There can only be one "original creditor" for a debt, and that is the creditor that the debtor entered into the original agreement or contract with. After they sell the debt, then someone else comes along and buys it, and it is not unheard of for them to claim they are the OC. Trust me when I tell you, the FDCPA most definitely applies to them, despite their best efforts to claim differently.

I recently got contacted by MCM and they are attempting to collect a debt. On my credit report they have two accounts with same account number and two different balances. Then a third account different from the other two, with a large balance. What should I do?

ihave a creditor who leaves several messages a day, i have been told if the creditor leaves a message, they are not allowed to call again. is this true.

In the article above Good Nelly has actually given some incorrect information. A third party collection agency can contact any third party; however, when contacting any third party they can only ask for an address, phone number, and place of employment nothing else. But she is completely incorrect by saying that collection agencies are not able call employers, parents, children, etc. In fact any name you provided to your doctor as an emergency contact comes over to a collection agency and most agencies by policy have to call all number provided in order to reach the debtor. Good Nelly is also incorrect in saying that third party collection agency can not forward accounts to an attorney. In fact most all agencies forward approximately a 100 account a day to attorneys offices. She is correct saying that the collection agency cannot issue garnishment, because that is issued by the attorneys office and the creditor in which took suit againt the debtor in the first place. Although that also depends on state law, such as Texas state law forbids any garnishments on peoples wages. Lastly, to answer VSS428, four messages a day would be a little excessive especially if they are leaving the miranda message which says, 'this is an attempt to collect a debt...." I would definitely contact them about possible harrassment. However if you are getting those message from the original creditor meaning the hospital or doctor then there really is no law banning that. I would recommend contacting them right away to figure out your situation if it is the original creditor hopefully you can set a payment plan with them before your debt is forwarded to a collection agency.

I have some charges being applied to my account that I did not authorize and I want it stopped. I have called the phone number i have been given all i get is "thank you for calling,goodbye." i will go as far as to close this account out and open an account somewhere else. how do i get this to stop? you can email me at EMAIL REMOVED PER TOS

A collection agency rep submitted an ACH check against my personal checking account w/out my knowledge and w/no discussion w/me about the matter - is that legal

Is Allied Interstate licensed to collect in state of Florida? Because I was told by AlliedInterstate that they can confiscate if I don't pay up. I don't mind paying my debt if I have a job. I don't have a job right now.
[EMAIL="mharrison9@yahoo.com"]
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Since one company, Allied Interstate continues to call my home and I repeatedly tell them they have the wrong # and I do not know the person they are trying to reach will not remove from their call list. Can I lie to them and say I am the person they are looking for and screw with them until they hang up to include a vulgarity here and there? Just some good fun with them since they are wasting my time, I might as well have fun doing it.

I keep getting calls at least 6 times a day or more from a collection agency called Central Credit Services out of Jacksonville Fl. They are looking for a Jefferey Martin and when I tell them they have the wrong number they say they will remove the phone number and yet they still keep calling at one point during the day they will leave a recorded message that says it's not a sales call I have spoken to 9 different reps as well as left two messages and talked to the same supervisor who was rude and tried to talk over me but said she supposedly had 6 different numbers on his file and still couldn't find him and then said she would remove the number. Well the phone was quiet for a day and then it's been going strong for the past two weeks what can I do to get them off my back I don't wish to get a new phone # the new one might be worse than the old one and I've had this for over a year and that's the only thing they say to do at the phone company.

In what year was FDCPA founded or developed?

CRA called me on my cell . the debt isnt mine its someone else but same last name. They call me at home they call me on my cell. Is there any way of getting them to stop ?

Can an attorney represent a company as a single liability company, if in fact it is a part of a family of collection companys?

Hello,,
Asset Acceptance has been calling my mother about an old SBC acount that has been already paid off. Everytime they call we tell them that we have already paid this, and they don't seem to understand. They keep trying to make my mother pay a small part of the bill asking to give them information of a credit card, and we have refused to give them any credit card information since we don't believe we have to pay anything. The phone calls have been getting agressive and my mother is getting tired of their calls. This bill is about 7 to 8 years old and was payed off about 5 years ago when my parents refinanced their home. My questions are, How many years does a collection debt stay on your record? Why are they trying to collect on a debt that has been already paid? and how do we nake them stop calling my mother? the debt is only for $257.00 but I dont think its fair for her to pay this amount again. Please give me some advice on how to resolve this.

What types of debts do not fall under a statute of limitations? I know that they all fall under a "LDA" (Last Date of Activity) and that the statue varies State by State.

Also, I've heard that these companies will "sell" debts off just to keep them alive for collection. Doesn't that ignore the statute of limitations based off the LDA?

My adult son recently transferred to another state. When collectors call for him I say that he doesn't live here any longer and that this is not his phone number. I provide his number and ask that hey not call this number any more. Is this sufficient for them to stop calling my number?

Does the collection agency have to display their phone #, or is it fair that they show up as unavailable or private?

Does a collection company have to display their number, or is O.K. to show up as private or unavailable?