Scott Lowery Law Office
Date: Wed, 12/09/2009 - 06:37
Thirty days went by with no contact from them showing that the debt was valid or anything. Well yesterday they called my husband at work and left a message. Neither one of us has returned her call as we are unsure as to how to proceed. We are under the impression that this law firm/ company plays hard ball and we want to make sure that we are doing everything right incase they try to take us to court.
Thank you for any help and advice that you can give us.
Quote:Originally Posted by daphnea1971A couple of months ago my
Quote:
Originally Posted by daphnea1971 A couple of months ago my husband started to receive phone calls from someone at the Scott Lowery Law Offices regarding a debt that we supposedly owed. My husband told her that he didn't know what she was talking about and had never received anything in writing that we supposedly owed the debt. He further advised her that she was not to contact him in any means regarding the debt. The following day we received a letter stating that we owed this debt to a company that we have never heard of and that we had 30 days to dispute it. The following day we sent via certified mail and fax a DV and C&D letter. Thirty days went by with no contact from them showing that the debt was valid or anything. Well yesterday they called my husband at work and left a message. Neither one of us has returned her call as we are unsure as to how to proceed. We are under the impression that this law firm/ company plays hard ball and we want to make sure that we are doing everything right incase they try to take us to court. Thank you for any help and advice that you can give us. |
do you have the green slip showing they received the letters sent?if so then they are breaking the law in contacting you.once they receive those letters they cannot contact,or sue until they validate.i would resend the letters along with a photo copy of the green slip as a reminder.
Well, they are in violation of the FDCPA as all collection effor
Well, they are in violation of the FDCPA as all collection efforts are to stop until you receive validation. So, whether you owe the debt or not they still violated the FDCPA and need to be reported to the FTC. You can access an online complaint to the FTC in my signature, please follow through and file a complaint against this company.
Thanks for the ideas. I am in the process of finding the green c
Thanks for the ideas. I am in the process of finding the green card. I have the reciept showing that it was mail etc. I know the date that it was signed for as I thought 2 weeks from the day I mailed it was a long time for them to sign it. If I am unable to find the green card, what can be done? Should I send a second letter with copies of the letters mailed to them?
Quote:Originally Posted by daphnea1971Thanks for the ideas. I am
Quote:
Originally Posted by daphnea1971 Thanks for the ideas. I am in the process of finding the green card. I have the reciept showing that it was mail etc. I know the date that it was signed for as I thought 2 weeks from the day I mailed it was a long time for them to sign it. If I am unable to find the green card, what can be done? Should I send a second letter with copies of the letters mailed to them? |
I would tear my house apart looking for that green card because the FDCPA states you have a 30 day window of which to dispute the debt, if you do not send validation within that thirty day window it is the same as admitting the debt it yours. It is VERY important that you locate that green card !!
If you can't find your green card, you can use your fax confirma
If you can't find your green card, you can use your fax confirmation page too. The issue is proof of receipt of the C&D/Validation. I love it when the CA's argue they received my fax, because that is an inadvertent admission that they do not have sufficient procedures in place for consumers that dispute alleged debts ... all of which undermines a bona fide error defense.
I would sue them in district court even if you can't find the green card.
I meant to state that "I love it when the CA's argue they DID NO
I meant to state that "I love it when the CA's argue they DID NOT receive my fax."
[QUOTE=Shazzers;505770]I would tear my house apart looking for t
[QUOTE=Shazzers;505770]I would tear my house apart looking for that green card because the FDCPA states you have a 30 day window of which to dispute the debt, if you do not send validation within that thirty day window it is the same as admitting the debt it yours. It is VERY important that you locate that green card !![/QUOTE]
Hang on there, Shazz! The law actually says this:
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(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
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15 USC 1692g(c)
Daphnea1971: Did you by chance happen to put the Certified Mail
Daphnea1971: Did you by chance happen to put the Certified Mail number in the letter itself? If you did, you can look it up on the post office website. That will show time, date, and delivery location, but no signature.
When you find that green card or the fax confirmation or print-o
When you find that green card or the fax confirmation or print-out from the post office website www.usps.com, talk to a lawyer in your area who can bring suit for you! The non-profit National Association of Consumer Advocates has a 'find an attorney' link on their website www.naca.net.