Whats the point?

Quote:

You are too emotionally involved to exercise critical thinking, or,
you are grasping at straws looking for a payout from an attorney or collector, or,
you have not yet communicated a clear violation of the law to someone capable of rendering a valid legal opinion.

I am giving you a sample of Cease and Desist Letter which you can send to the collector: -

[quote]Date

Your Name
Address
City, State Zip


Debt Collector????????s Name
Address
City, State Zip

Re: Account Number

Dear Debt Collector:

Pursuant to my rights under federal debt collection laws, I am requesting that you cease and desist communication with me, as well as my family and friends, in relation to this and all other alleged debts you claim I owe.

You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the [your state here] Attorney General????????s office. Civil and criminal claims will be pursued.
Sincerely,

Your Name[/quote]


You can also go through the sample letters of this community in the link: - http://www.debtconsolidationcare.com/letters/ .

You might have misunderstood me morningstar.
It says clearly in the laws that a debt collector cannot collect directly or in directly or receive payment without a debt collectors license. The last company who tried to sue me dropped the lawsuit because I warned them about this.

This debt collector now has no problem breaking the law and the courts are allowing them to even though I have the laws in my hand to show the judge and he wouldn't even look at them, he said he didn't believe me. I have documented everything and spent countless hours reviewing everything.

OK as far as signing an attorney letterhead, The facsimile signature is not a licensed attorney, this name is probably a fake name and threatens me with legal action and telling me I will have to pay his attorney fees and court costs if I don't call him and make a payment NOW. this was over-shadowing my 30 day right to dispute.

1692e(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

As far as a weak claim, most people are getting off to easy in this state. people can drag race down a street while on drugs and hit a innocent bystander at 90 mph. Do you know what that person got for a sentence? about 1.5 years in prison. He should of had 20 years but got a reduced sentence.
The innocent person is dead and that is a life sentence.

There have been rapes, shootings, stabbings and all these people get off too easy or the laws are not enforced to look for them and prosecute them.

I am not looking for a payout I could care less about money as I don't have much of it and still get by. I am looking for these damn liberals to get off their a$$ and do their job. The governor buys $12,000 curtains, gives his wifes friend a $72,000 secretary. He already had a car provided but had to have a new Cadillac but what about enforcing the laws?

Quote:

OK skydiver, that is the same law that the Attorney quoted but he failed to mention this one which I did mention:
Chapter 93: Section 24A. Term of license; bond; registration; rules and regulations

Section 24A. (a) No person shall directly or indirectly engage in the commonwealth in the business of a debt collector, or engage in the commonwealth in soliciting the right to collect or receive payment for another of an account, bill or other indebtedness, or advertise for or solicit in print the right to collect or receive payment for another of an account, bill or other indebtedness, without first obtaining from the commissioner a license to carry on the business, nor unless the person or the person for whom he or it may be acting as agent has on file with the state treasurer a good and sufficient bond.

It has been said many times that Massachusetts fails to enforce the debt collection laws. They have only taken action on one company and that was The cadle company:

Cadle Co. Must Use Licensed Proxies to Collect in Massachusetts

Massachusett????????s attorney general reached a preliminary agreement with The Cadle Co., The Cadle Company II Inc. and Daniel C. Cadle, all of Ohio, prohibiting them from engaging in unfair and unlawful debt collection as outlined in a complaint filed in Suffolk Superior Court last Friday.

The defendants do not have the necessary licenses to collect debt in the Commonwealth, the prosecutor said. collection agencies working accounts in Massachusetts must obtain licensure through the Commissioner of Banks.

In December 2003, the Division of Banks denied The Cadle Co. and its affiliates a request for a license to operate in Massachusetts. In June 2007, the division also denied The Cadle Co. II????????s August 2005 application for a license to operate as a debt collector in Massachusetts, citing the companies???????? continued collection activity between the December 2003 and August 2005 in spite of not having a license.

The companies and the attorney general????????s office last week agreed to the terms of a stipulated order, which means the three entities will refrain from operating a debt collection business without a license from the Division of Banks; and should Cadle operate as a passive debt buyer, all collection activity is to be performed by a properly licensed debt collector or an attorney licensed to practice in the state. Lastly, Cadle must give advanced notice to the attorney general of the licensed collection agent that will perform such services on behalf of the company.

LVNV Funding doesn't even file an annual report let alone notify the AG who they have collecting for them. They are running illegally. I reported them and they won't do anything about it. The AG office said only if a lot of people complain, then they will do something.

And your right morningstar, at this point instead of trying to fight the debt collectors from suing me I should declare bankruptcy. I hate to ramble on but I am just at a bad point in life where nothing is going right.

I lost everything I own due to cancer. I have to wait at least 5 months before I hear anything from disability but right now, I get welfare, $300 a month. I have to live with my parents because of all of this. I only have a roof over my head, clothes and food.

I think I am focusing too much on the debt collectors violating the laws and trying to stop them when what I should be doing is filing for bankruptcy and getting protection from lawsuits and start with a clean slate just in case I end up living past the next 5 years, which is about a 35% chance.

Thanks for making me realize what I really need to do.

Sorry to hear about the cancer, I do hope that you'll beat the odds.

And I am glad that you did not mistake my bluntness for belligerence.

I know your just trying to help. I should take your advice before I get myself in more trouble than I am already in.

Also, Seeing as I already have 1 judgment against me from a debt collector, would that be discharged threw bankruptcy?

also I have about 11 items in good standing that are closed,never late, 1 item I recently paid in a settlement, 3 items that are in the bad column that are paid in full and closed and 9 items that will be under bankruptcy.

Does everything get erased, including the good items, or just what I declare? Also do all of the debt collectors and the 2 car lots who pulled my credit report get erased also?

Nothing is necessarily removed from the credit report.

Debts included in the bankruptcy will reflect such action; closed accounts not included in the BK will not be affected.

I do not know if a judgment can be discharged in Massachusetts.