Account management forwarded to attorneys
Date: Wed, 09/19/2007 - 21:40
I have two collection accounts, one with CACH LLC, the other with LVNV funding. The account with CACH LLC, was forwarded to Bronon and Migliaccio LLP and the one with LVNV funding was forwarded to Weltman, Weinberg and Reis. The funny thing about it is that WV state code 46A-2-123 states that:
Unless a licensed attorney in this state, no debt collector shall engage in conduct deemed the practice of law. Without limiting the general application of the foregoing, the following conduct is deemed the practice of law:
(a) The performance of legal services, furnishing of legal advice or false representation, direct or by implication, that any person is an attorney;
(b) Any communication with consumers in the name of an attorney or upon stationery or other written matter bearing an attorney's name; and
(c) Any demand for or payment of money constituting a share of compensation for services performed or to be performed by an attorney in collecting a claim.
So why would they do so when neither firm has any attorneys licensed to practice in WV? Merely by contacted me they have violated these statutes.
Also, do you think I should nail them for this? Obviously they are not going to sue me through their lawfirm, and since it is against the law I really can't deal with either of these law firms. Hmm what to do...
Unless a licensed attorney in this state, no debt collector shall engage in conduct deemed the practice of law. Without limiting the general application of the foregoing, the following conduct is deemed the practice of law:
(a) The performance of legal services, furnishing of legal advice or false representation, direct or by implication, that any person is an attorney;
(b) Any communication with consumers in the name of an attorney or upon stationery or other written matter bearing an attorney's name; and
(c) Any demand for or payment of money constituting a share of compensation for services performed or to be performed by an attorney in collecting a claim.
So why would they do so when neither firm has any attorneys licensed to practice in WV? Merely by contacted me they have violated these statutes.
Also, do you think I should nail them for this? Obviously they are not going to sue me through their lawfirm, and since it is against the law I really can't deal with either of these law firms. Hmm what to do...
Well let me tell u this, CACH has atty's ALL over the united sta
Well let me tell u this, CACH has atty's ALL over the united states who are licensed in each state! This i know from personal experience unfortunately!
When they first contacted me it was an atty's office outta Texas but when they filed suit it was from an atty in LA. CACH is a nightmare!
Good Luck,
Ang