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budzik & dynia, llc...help

Date: Sun, 01/29/2012 - 11:07
Submitted by lonedragon on Sun, 01/29/2012 - 11:07
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[FONT=Calibri]I started receiving calls from Budzik & Dynia, LLc as a collection agency saying they were attempting to collect a debit that they had acquired from a credit card company. This credit card company was sued by the federal trade commission and had to pay out a large fine. This collection agency/attorneys called and harassed me for days. I mailed a certified letter asking for validation of debit in accordance with the Fair Debt Collection Practices Act Section 809. Validation of debts [15 USC 1692g]. This giving the company 30 days to respond. This was back in July of 2011, I never heard from the company again until Jan. 28, 2012 when my dad was served a summons stating I was being sued by this company as the representing law firm for plaintiff Jefferson Capital Systems, LLc. Do they have a valid case since not responding? What actions can i take if any?[/FONT]


Quote:

I started receiving calls from Budzik & Dynia, LLc as a collection agency saying they were attempting to collect a debit that they had acquired from a credit card company. This credit card company was sued by the federal trade commission and had to pay out a large fine.

[QUOTE]The credit card company being fined really has no bearing on your debt unless you were party to the FTC proceedings.
[FONT=Calibri] This collection agency/attorneys called and harassed me for days. I mailed a certified letter asking for validation of debit in accordance with the Fair Debt Collection Practices Act Section 809. Validation of debts [15 USC 1692g]. This giving the company 30 days to respond.[/FONT][/QUOTE]
There is nothing in the FDCPA that requires them to respond to you within 30 days....they just cannot continue collection activities until the validate.


Quote:
This was back in July of 2011, I never heard from the company again until Jan. 28, 2012 when my dad was served a summons stating I was being sued by this company as the representing law firm for plaintiff Jefferson Capital Systems, LLc. Do they have a valid case since not responding? What actions can i take if any?

You need to answer the summons. Do you live with your dad? If not, why did your dad accept the summons? At this point in time, you need to deal with the lawsuit, answer the summons and show up in court. Hopefully you sent the DV via CMRRR and you have a copy of the green card to show they received it. You will need to bring this up in court. Do you have any valid defense that you do not owe the debt???


Submitted by SOAPLADY on Sun, 01/29/2012 - 21:14

SOAPLADY

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I am having the exact same problem, with the same law firm and creditor. My first contact with them was in December 2010.

I received a letter in the mail yesterday, from a bankruptcy attorney, telling me a lawsuit has been filed. I have not been served with any court papers yet.

I filed a complaint with the Illinois Attorney Generals office in January 2011 regarding B & D violating my rights under the FDCPA. They told me I had no right to ask for validation.

I use to work in collections, and I know the law very well, and I know what my rights are.

For over a year, I never received any further communication from B & D,
Their is a reason they have waited a year. Under the FDCPA, once 365 days have passed, since you were first notified you owe a debt, you can not sue the collection agency.

If I was you, I would contact, the law offices of EDELMAN, COMBS, LATTURNER & GOODWIN, LLC, STAT they know all about B & D.

I intend to fight the lawsuit, and I also intend to file suit against B & D, for Violation of the Fair Credit Reporting Act.
Violation of the Fair Debt Collection Act
Defamation of Character


Good Luck!:D


Submitted by mr60233 on Sat, 02/04/2012 - 12:05

mr60233

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Quote:

I use to work in collections, and I know the law very well, and I know what my rights are.

For over a year, I never received any further communication from B & D,
Their is a reason they have waited a year. Under the FDCPA, once 365 days have passed, since you were first notified you owe a debt, you can not sue the collection agency.
Where does it say this in the FDCPA???


Submitted by SOAPLADY on Sun, 02/05/2012 - 07:24

SOAPLADY

( Posts: 17315 | Credits: )


Hi

I am not sure what section of the law this is stated, but according to my attorney, the law firms website, and the Federal Trade Commision. You can,

"You have the right to sue a collector in state or federal court within one year of a violation of the FDCPA. You may recover up to $1,000 statutory damages, plus any actual damages, attorneys fees and court costs. In a class action, the debt collector may be liable for one percent of its net worth or $500,000, whichever is less, plus actual damages. "


http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

Scroll down to the bottom of the page, and look under the header
Do I have any recourse if I think a debt collector has violated the law?


Submitted by mr60233 on Mon, 02/06/2012 - 07:31

mr60233

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