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    #1

    Violation?

    My husband is getting ready to file chap 13.

    So a creditor called, one who is nasty and we attempted to arrange payments and they refused before the decision to go 13.

    Question is : This creditor identified themselves as Michelle the Processor for _(our)_______ County- on the answering machine.

    Same nasty woman that hung up on my husband and stated that they will just sue him since he could not give them $$$ while on the phone with her.

    So is it legal for them to identify themselves as a county anything? caller ID was their NY number so there is no mistake who actually called.

    They did serve papers to him for a civil suit... the lawyer is handling that ... we just have to finish the prelim. paperwork and pay the $800 fee next monday.....

    But can they say County processor???? I thought they had to identify themselves as from what creditor they were?
    Tags: None
    #2
    Fair Debt Collection Practices Act
    http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
    The Fair Debt Collection Practices Act spells out rights and responsibilities when collecting debts. Here's where you can find the complete text of the law.

    Comment

      #3
      It is just on the answering machine.

      She also stated a # to immediatley contact her.

      Comment

        #4
        Sounds like you have the evidence you need to collect $1000 plus attorney's fees. Your
        BK attorney could probably recommend an attorney to review your case.
        It's not what we have in our lives, but who we have in our lives and the quality of those relationships.

        Comment

          #5
          Originally posted by shootme View Post
          It is just on the answering machine.

          She also stated a # to immediatley contact her.
          Save the recording. Conctact a NACA lawyer. I would not let this slide. You may be able to get a lawyer to take this on contingency.

          Comment

            #6
            Unless you know exactly what she meant by county processor it would be difficult to prove anything. Maybe she processes collection claims for your particular county, for the collection agency. I'm not saying that a violation didn't occur. All I'm saying is it would be easy for them to come up with some lame reasoning, and hard for you to prove what someone else truly meant, by their verbiage.

            Comment

              #7
              This creditor identified themselves as Michelle the Processor for _(our)_______ County- on the answering machine.
              Process servers don't call people and pretending to be a 'county official' IS a violation of the law.

              Comment

                #8
                In addition,

                Hey,

                Yes, contact an attorney + etc. However, you might want to pay a visit to the ol' county courthouse first. Why? Because you're trying to find Michele X, the county processor who contacted you. Better yet, since the Sheriff's department is typically responsible for serving people, perhaps you should visit that desk first. In case they don't recognize her name, bring a copy of the answering machine message, in case they might recognize her voice.

                THEN go to a lawyer. Perhaps the deputies will be able to recommend a good one. I doubt they appreciate it when people impersonate public servants. Is it a criminal offense to do that?

                You never know, maybe she DOES somehow work there, even though she called from an out of state # (right?)

                GOOD LUCK,

                WINGNUT
                I AM NOT A LAWYER. I DON'T EVEN PLAY ONE ON TELEVISION. ONLY LAWYERS CAN GIVE YOU LEGAL ADVICE. ETC., ETC!

                Comment

                  #9
                  Isn't it possible that she is indeed the bank's/institution's collections processor for claims in your county?????? I don't see from your quote in the original text of your message that she actually claimed to work directly for your county............
                  Just my interpretation......

                  K
                  You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing

                  Comment

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