Debtconsolidationcare.com - the USA consumer forum

Legal Mediation Practice threatening me

Date: Fri, 05/09/2008 - 06:50

Submitted by Awc8587
on Fri, 05/09/2008 - 06:50

Posts: 3 Credits: [Donate]

Total Replies: 9


2 years ago, I received a paypal credit card from AIS. I used it but didn't pay it. Today I got a call from this LMP. They're saying I owe their client 1702.61 cents and that they want their money. Now I had no problem paying it, but I am a student and therefore I needed some time. so I said can I have a week or 2 to gather the money, and they said no they need it by NOON today. That and they said they will not take anything besides debit or credit card or they will tell their paralegal to file the lawsuit, serve me a judgment which can show up for my school to see and what not. What can I do? I don't have a credit card or 1700 today.


I've received collection letters, but not from this company I believe. It's like they don't want to help me at all, when I asked why can't I get some time to get the money, they gave me this harsh answer saying I had 2 years and if I saved a dollar a year, I could've paid it off. Very rude.


lrhall41

Submitted by Awc8587 on Fri, 05/09/2008 - 06:54

( Posts: 3 | Credits: )


Well, at least Il-Legal Mediation Mal-Practice seems to be changing their routine somewhat; they didn't advise you would be arrested by noon if you didn't have the money. Or leave the ever ominous "Good Luck" at the end of the call.

That's some progress, at least.

AWC8587, if it were me on the receiving end of that call I would just call LMP's bluff and tell them to knock themselves out and have their "paralegal" file the lawsuit. Funny how they carefully inserted the word "paralegal" as opposed to "attorney." Ask them what states their "paralegal" is licensed to practice law in. I'd be willing to bet my left arm LMP has neither an attorney nor a paralegal on staff.

If they have made this threat, and they don't intend to or are unable to carry it out, they have broken the law. You can turn around and sue them for violations of the fdcpa. Regardless of whether the debt is actually yours, or not.

They are also required, by law, to send you written notice of this debt within 5 days of the initial contact. This letter will also advise you of your rite to dispute or request validation of the debt within 30 days. If LMP holds true to form, you will never see this letter. Another violation of the FDCPA. They also demanded payment by noon, thereby circumventing your legal right to dispute this debt? I think their "paralegal" might look the definition to "overshadowing" up in their law books (the ones written in Crayon), this is also illegal.

I might also recommend contacting PayPal credit card and letting them know of the illegal behavior being carried on by a collection agency they have hired, they may allow you to deal directly with them at that point as opposed to LMP. Worth a try.

Under no circumstance would I give these @$$-clowns any debit card, credit card, or banking information. They are liable to bleed your accounts dry.

Send them a Debt Validation/Cease and Desist letter; with a heavy emphasis on the Cease and Desist, this will by you the time you need to get up the money to pay off this debt. I say heavy emphasis on the "Cease and Desist" because these people, from what I have read, are ruthless on the telephone. They will call just about everyone associated with you, regarding this debt, in order to harass and embarrass you.

Most of all, don't let these cretins intimidate you. They break the law with just about everyone I have encountered that has been contacted by them, and they need to be shut down!

Also, there are two other threads in this forum relating to LMP. Check them out when you have, they detail the experiences others have had with this outfit!


lrhall41

Submitted by FloridaRon on Fri, 05/09/2008 - 07:41

( Posts: 1190 | Credits: )


LOL!

I'm sorry, I just read your other post regarding the "2 years at a dollar a year would have paid off this debt."

Is that what they said, or is that a typo on your part?

I'm sorry, but the math just doesn't work out for me. If I was their math teacher, they would get a big fat sad face next to the "Zero" they earned on this math problem. :(

Oh who am I kidding, I'd give them a ruler across the back of the hand! Like my kindergarten teacher used to do.


lrhall41

Submitted by FloridaRon on Fri, 05/09/2008 - 07:49

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OK just checking.

Though, some people are lucky if they have $1.00 in a given week, much less a day.

Carrying the math out then, according to your updated statement. $1.00 X 365 (days in a year) X 2 years = $730. It might have made a dent in the debt, but it wouldn't have paid it off. If she's going to be a smart-@$$ like that, I would still recommend she check her math first. Hopefully she has a calculator on her desk, that's not being used as a paperweight. If not, most versions of the Windows operating system have a calculator program built in.

Also, I don't think collecting on a debt qualifies them to offer you financial counseling advice either.


lrhall41

Submitted by FloridaRon on Fri, 05/09/2008 - 11:57

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something else they have done here--it's called overshadowing. If this is in fact the first contact you have had with this particular collection agency, they are not allowed by law to demand payment like that--they are bound by federal law to give you the 30 days from initial contact to dispute the debt and exercise your rights. They CANNOT overshadow that 30 day window--they can file suit, they can take other legal actions, but to demand that you either pay right now or you will lose entirely is not only BS, its also illegal.

Let me ask you--the way you worded this post has me curious. You said this:

Quote:

they said no they need it by NOON today. That and they said they will not take anything besides debit or credit card or they will tell their paralegal to file the lawsuit, serve me a judgment which can show up for my school to see and what not.


Is this exactly what they said on the phone? Because there is no such thing as "serving a judgment". They cannot serve you a judgment--they serve you a SUMMONS, which is notice of their complaint. The judgment only comes if they win their case in court. The law uses the "least sophisticated consumer" rule, which means they take the action of the debt collector, and ask "would the least sophisticated person believe this, or be intimidated by it". So, if they say something misleading that is said in such a way that the least sophisticated person would believe their misleading claims, then they have broken the law. And, the statement you made is illegal--the way they said that.


lrhall41

Submitted by on Fri, 05/09/2008 - 21:29

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Guest! Great catch on that "serving a judgment" comment, on the part of LMP. I totally missed that.

I think LMP is trying to be careful how they word their threats, if that is exactly what they said, and tried to avoid saying they would be "serving a summons" or "serving a lawsuit." Still, they managed to violate the fdcpa anyway.

They should probably have their "paralegal" work on their collections script for them.

As for "overshadowing" I hate to say LMP isn't the only CA I've seen that is guilty of it. I've received a few initial collection letters from CA's that appear to do this. They advise what I owe and demand PIF in the first few paragraphs, then stick the statement advising me of my right to dispute the claim at the bottom of the page, almost as an afterthought. In one letter I recently received, the "right to dispute" isn't even in the body of the letter, it's actually in the footnote. I guess technically, they are covered because they put the disclaimer in the letter at all, but it still seems questionable to me.

Guest, why don't you register here? You could make some very helpful and valuable contributions to this website.


lrhall41

Submitted by FloridaRon on Sat, 05/10/2008 - 06:15

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