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CA refusing to pick up DV/CD letter

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    #16
    Doesn't this means every time they call they are violating FDCPA because "I did not get the letter" is not an excuse? This is how they get default judgments, after all....because "I didn't know" is not an excuse. They may be under no legal obligation to pick it up, but if I am not mistaken they are under legal obligation to respect the information within if I dispute a debt or tell them to quit calling incessantly and use the mail to contact me.


    Sending first class is no guarantee though, either. They can easily claim they never got it and you would be hard pressed to prove otherwise.
    First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....

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      #17
      Originally posted by flyinbroke View Post
      Sending first class is no guarantee though, either. They can easily claim they never got it and you would be hard pressed to prove otherwise.
      If you have a copy of the letter and the envelope with the postage on it, and you testify that you placed it in the mail, they are presumed to have received it. The burden shifts to them.

      Another option is to fax it and get your fax delivery report printout.
      Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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        #18
        Good points and would save me several bucks in the meantime.

        PS...I love the signature, btw.
        First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....

        Comment


          #19
          Originally posted by MSbklawyer View Post
          If you have a copy of the letter and the envelope with the postage on it, and you testify that you placed it in the mail, they are presumed to have received it. The burden shifts to them.

          Another option is to fax it and get your fax delivery report printout.
          The problem you may have with the making a photocopy of a letter with the stamp and postmark is that once postmarked it is technically the property of USPS until delivery. Stamp only and no problem but once they put the postmark on it then it goes straight into the system. Work for em and even I was unable to to take back a package that had a meter strip put on and they knew me and which office I work at.
          Filed 11/10/08

          Discharged 2/18/14

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            #20
            Instead of a photocopy, how about a digital picture from a cell phone? That should do it. It will have a time and date stamp that would match up with the postmark. It won't even have to leave the post office counter.

            Comment


              #21
              Yet another option is Federal Express.
              Last edited by MSbklawyer; 03-17-2010, 08:07 AM. Reason: Mispelt a wurd.
              Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

              Comment


                #22
                Update: I got the green card back today from them; they signed it yesterday. The kicker: they called seven times TODAY! Five were on their number, two were blocked but within a minute of their unscreened number showing on ID.

                Maybe I should answer the phone and ask when I can expect MY check....
                First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....

                Comment


                  #23
                  Originally posted by optimistic1 View Post
                  Unless you are good at suing people and have the money to file the complaints, or you have a consumer rights attorney on retainer that is also fdcpa sue happy, just invest more time in not worrying about it, and choose an alternative route for a home phone, magicjack works good. Otherwise, its just a fantasy. You are so lucky though to live in TX, I think I will move there in case another recession/depression happens when Sarah Palin 2012 rolls in to town, oh, I just thew up in my mouth a little bit.
                  Sarah Palin is a corrupt bad joke.

                  She used your taxpayer money to buy her family
                  clothes during her presidential run. She quit her
                  job as gov. sarah palin is a quitter that wants
                  to be president?

                  She is probably living on our money and publicity
                  that she does not truly deserve.

                  Sarah Palin's not just a quitter -- she's a professional quitter. And taxpayers get the tab
                  [media id=8940] Sarah Palin quit as Alaska's governor because, she claimed, she needed to "do the right thing for Alaska". But has anyone sat down a

                  Comment


                    #24
                    If I recall, no taxpayer money was spent on her or her family's clothing. It was from the RNC donations.

                    Not that I find it appealing either way, but I wasn't consulted by the RNC.
                    11-20-09-- Filed Chapter 7
                    12-23-09-- 341 Meeting-Early Christmas Gift?
                    3-9-10--Discharged

                    Comment


                      #25
                      Originally posted by DeadManCrawling View Post
                      If I recall, no taxpayer money was spent on her or her family's clothing. It was from the RNC donations.

                      Not that I find it appealing either way, but I wasn't consulted by the RNC.
                      Yes, Republicans that donated to the RNC picked up the tab for her Neiman Marcus and Saks Fifth Avenue bills. Supposedly she was donating the clothing to charitable organizations once she was through campaigning too.
                      First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....

                      Comment


                        #26
                        And GC Services will not let up. They have called 16 times since signing for the DV/CD letter. They never leave messages.
                        First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....

                        Comment


                          #27
                          Originally posted by flyinbroke View Post
                          And GC Services will not let up. They have called 16 times since signing for the DV/CD letter. They never leave messages.
                          You need to pop them. Once, twice even three times could be an honest mistake. But 16 times?
                          Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

                          Comment


                            #28
                            I suppose this means I have to answer the phone? What is the next step short of an ITS letter and a grand or two in the pocket....
                            First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....

                            Comment


                              #29
                              Originally posted by flyinbroke View Post
                              Yes, Republicans that donated to the RNC picked up the tab for her Neiman Marcus and Saks Fifth Avenue bills. Supposedly she was donating the clothing to charitable organizations once she was through campaigning too.
                              I wonder whose payin for Nancy Pelosi's plane rides.
                              Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

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                                #30
                                I don't know if you are required to answer the phone or not, but you're documenting the dates/times of the calls, right? Because just causing somebody's phone to ring repeatedly with intent to annoy is harassment, after all. Do you think you would have to take pics of the time stamp on the caller ID as evidence? Get a copy of phone records? I'm just curious. I don't really know what is required as evidence if you were going to sue for this. I wonder if they would settle if confronted with good evidence? This could be very cool for you!

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