third party disclosure

Simple answer is, "maybe". Exactly what documents have they been sending, and did you send the lawyer a demand for verification letter?

It sounds like there's actually a suit going on and they're trying to get service of process. The most recent document sent to your employer is probably a demand ("subpoena duces tecum") for documents showing where you're currently living. If suit has been filed, then, yes, they can do that.

The employer doesn't have to respond if there has not been valid service of process. In some states, you can get service by mail, but not all.

They have filed suit. I have paid all but $162.00. The letter they sent to my work stated what I owed and I think it was a supplemental procedeing. Not truly intended for my employers eyes. He was not allowed to send an old attorney my info was he? He said he didnt know how my old attorneys name even got in the picture. I have just finished a letter that I will send certified with return service tommorrow. In this letter I informed them of the third party disclosure violation and offered them a settlement. I asked for the judgement to be set aside without prejudice. For the judgement and the collections be removed from my credit report within 30 days. A monetary amount of 4 times the original debt and an additional amount of 1 k. Is this at all unreasonable? I gave them 10 days to return a response. I stated that if they refuse the agreement then I would contact the BBB, the states attorney general, the federal trade commission, and the states bar association. Is this proper, or normal to do this?

First, you have to ask the Court to set aside the judgment, the other lawyer can't do it. And "without prejudice" means "with the Plaintiff preserving his right to sue again".

you never answered the question about whether you sent them a demand for verification - if you did, any steps they took at all to collect would be a violation of the fdcpa unless and until they respond with information showing that you're the person who owes the money and why you owe the money.

I don't think your request was unreasonable, but I think it's "whistling up the wind". You need to file a motion with the court to vacate the judgment, you've got specific time limits within which to do that, or take an appeal, and you need to file a separate action against the debt collector for (1) improper disclosure of personal information and (2) deceptive misconduct, both of which are violations of the FDCPA (regardless of whether you sent them a demand for verification).

I did not send them a letter for demand of verification. What is that? I unfortunatley was unable to mail the settlement offer today. Do I need to demand verification before I do? How do I file the motion to vacate the judgement? I have an appointment with an attorney this upcoming week. Do I need counsel? Do attorneys work on a contingency basis with this sort of case. I know I can ask a judge if this goes to court for the other attorney to have to pay my attorneys fees.

Hi Drhart
Quote:

If you've got an appointment to see a lawyer, don't do anything else until you've spoken to the lawyer. Take the letter you've drafted along with you to that appointment.

Lawyers work on contingent fee bases when there's some money to split; i.e., if you're the plaintiff suing someone, and the lawyer thinks it would be worth the risk of not being paid at all in order to get a percentage of the damages, that's when he'll take a case on a contingent fee basis. In your situation, that's sort of like asking whether the lawyer will be willing to pay part of the judgment against you for the privilege of working on your case.

The thing you need to get straight with the lawyer will be how to get the judgment vacated. And for that purpose, you need to do some legwork. Bring copies of all the documents, including those served upon you, as well as a copy of any pleadings or affidavits filed with the court and a copy of the final order of judgment. You may need to go to the clerk's office to get some of that stuff, and you'll have to pay for the copies, probably at fifty cents per page or something like that. Bring all that stuff with you and be prepared to discuss why the judgment should not have been entered against you in the first place.

My husband is a Plant Manager and he received an e-mail from a "fast loan" company regarding one of his employees. The letter stated that the employee was in default of his loan and they wanted to verify his name, position, SS# and address. They siad that they were going to "possibly start a wage garnishment" if the employee does not respond to their calls.
Is this not a BIG violation of the fdcpa? Is this not 3rd party disclosure?

That was handled improperly..They should first contact the employer and verify that the debtor works there..Nothing else, period. Then they can send the paperwork there. This does sound like a violation.

i was renting a property to a couple, they always paid late but when they did paid they paid late fees but because they were paying late i got behind in the payments, so the mortgage company starting sending information to the address of the renter. the rente r stop paying me as of august 2009 AND STARTED NEGOTIATIONS WITH THE MORTGAGE COMPANY WITHOUT MY KNOWLEGE TO BUY THE PROPERTY I FILED FOR EVICTIONS WITH 2ND CAUSE SPECIFICATIONS. I MISSED THE EVICTION COURT DATE BUT I COULD STILL FILE FOR THE SECOND CAUSE..TENANT AND I WENT TO COURT BUT BY THE TIME WE WENT TO COURT THEY OWED MORE MONEY SO I HAD TO FILE AGAIN DUE TO MORE MONEY REQUESTED.. SO THE JUDGE RULED IN MY FAVOR FOR THE JUDGMENT.. MY QUESTION TO YOU IS IT THIRD PARTY DISCLOSURE I OWNED THIS PROPERTY UNTIL LAST MONTH WAS IT LAWFUL FOR THE MORTGAGE COMPANY TO DISCUSS THIS WITH THE TENANT