I am PISSED!

[whyme]

A couple of weeks ago, I sent a local CA a DV and CD letter via certified mail. Today, while visiting my mother at her house, the CA called and the name showed up on her caller ID. I almost threw up! My mother is vaguely aware of my debt problems and that's how I want it to stay. (She's had enough drama in her life with the passing of my brother 9 years ago and if she knew of my financial problems she would be very, very upset.) She said they've called a few times but she doesn't answer the phone. I blew it off and changed the subject!

Can they do that?? Can they continue to call after the C&D letter? I thought they could only contact ME and only through "mail". I feel like calling them tomorrow and threatening THEM with a lawsuit if they continue to violate the FDCPA Section 805 b. Should I?

[jwmc1]

No, they cannot. You need to write down every time they call and keep records...find an attorney and sue them.

[whyme]

Should I call them today and threaten to sue them just like they've threatened to sue me in their first letter that was sent out? I'd really, really like to unload on them but I'm not sure if doing so would only speed up the process of litigation. But I would feel so much better. BTW, this is a collection attorney in my area, not a collection agency.

[flyinbroke]

No calls, the time has passed for that. Take pictures of caller ID, record any phone calls you take, log any calls you receive whether you answer or not. Draft up a complaint ready to file at the courthouse. Draft up an ITS letter, and send it with a copy of their dunning letter, your DV letter and the complaint that will be filed with no notice if they do not settle within XX days (I gave them 15, and said I would be filing in 20....one sent a letter on the 17th and I got it the 18th but they had dated it the 14th hoping to catch me off guard.)

I have done this with two so far; they should be getting their suit packets today. I also sent one to the OC since they hired the CA. I will nail both at once if I don't get what I want (or a reasonable settlement from that....I demanded a ton of $$$.)

[whyme]

No calls, the time has passed for that. Take pictures of caller ID, record any phone calls you take, log any calls you receive whether you answer or not. Draft up a complaint ready to file at the courthouse. Draft up an ITS letter, and send it with a copy of their dunning letter, your DV letter and the complaint that will be filed with no notice if they do not settle within XX days (I gave them 15, and said I would be filing in 20....one sent a letter on the 17th and I got it the 18th but they had dated it the 14th hoping to catch me off guard.)

I have done this with two so far; they should be getting their suit packets today. I also sent one to the OC since they hired the CA. I will nail both at once if I don't get what I want (or a reasonable settlement from that....I demanded a ton of $$$.)

What is an ITS letter? So, you're saying I should file a law suit against them at the court house? Please, explain in a little more detail. I'm new at this!

[flyinbroke]

ITS is an intent to sue. This is a last shot across the bow to a collector that has violated your rights by breaking the laws. Get very acquainted with the FDCPA and your state laws for collectors. Also get to know the TCPA. For example, have they called you on your cell with an autodialer after getting that C&D letter? Awesome, that is 500 per call, and three times that if "willfully and knowingly" violating. They got the letter, so it was willful and knowing. State laws have a lot of bite; my state laws include the original creditor and can be tripled as well. My state is "per violation" where FDCPA is per action. In one case I will be taking both OC and CA to arbitration if I don't get what I want...since NAF was canned, arbitration is a more viable option for the debtor. I owe 3200, they violated to the tune of 64000 in just TCPA.

Once you know the laws (and get to know the terms of agreement for the creditor...CAs have to follow this) craft an intent to sue and the complaint. Hopefully the fines add up to more than the debt you owe as this may give you even more leverage. You can try to find a consumer lawyer willing to take you on. I have been unsuccessful though I had one offer contingency to write my ITS letter (good indication that he thought I would get cash.) You are not court bound yet. You are giving them a chance to make things right by hitting them in the pocketbook. In my case, I requested full TCPA violations, 1k for the FDCPA, and the TL to disappear (by them paying it.) Will I get this? Probably not, but if they settle, make sure it is amenable to your terms. You are in the driver's seat here. If it is good enough, you will likely have to sign a nondisclosure agreement. The CAs don't want anyone to know that if they know the laws that protect them, the CAs will roll over like dead dogs.

You want to send a copy of the complaint that is ready to file at the drop of a hat. I have heard that collectors never take an intent to sue seriously without one; it is like saying "I will file BK" without doing it. They hear it all the time. If the complaint isn't perfect, well, you have xx days to fine tune it, while waiting for them to settle up...or you drop the bomb in court.

(For the record, I am not a lawyer, nor do I play one on TV. This is my experience thus far and this is not legal advice.)

[whyme]

I have a follow up with this mess if anyone is interested. I was visiting my mother yesterday afternoon and they (the collection attorney) called her again. So, this morning I called them to remind them of the dv/cd letter I sent them a few weeks ago. Of course, they denied ever receiving it. Then I informed them someone signed for it so they HAD received it. (Gasp, they lied! Imagine that!) I told the DC that I wasn't sure what this debt was and I needed validation and she proceeded to holler at me and became very hostile, wouldn't let me speak at all and hung up on me. I WAS NOT rude to her at all! I don't understand why she became so agressive with me when all I was asking for was a letter of validation. I'm so mad I could eat nails right now. I really, really want to sue them BAD! Should I?

[anykey]

I think you better talk to mom.

She might be more worried then it is worth. That is how mine is.

Even tho it is initially unpleasant- she knows I will be candid with her.

Besides moms deep down KNOW.

Tell her what you posted here.

TALK to her. (IMO)

[GoingDown]

I have a follow up with this mess if anyone is interested. I was visiting my mother yesterday afternoon and they (the collection attorney) called her again. So, this morning I called them to remind them of the dv/cd letter I sent them a few weeks ago. Of course, they denied ever receiving it. Then I informed them someone signed for it so they HAD received it. (Gasp, they lied! Imagine that!) I told the DC that I wasn't sure what this debt was and I needed validation and she proceeded to holler at me and became very hostile, wouldn't let me speak at all and hung up on me. I WAS NOT rude to her at all! I don't understand why she became so agressive with me when all I was asking for was a letter of validation. I'm so mad I could eat nails right now. I really, really want to sue them BAD! Should I?

This is typical behavior from a debt collector.

Since they are ignoring your DV / CD letter, you must move on to the next phase...

Find your local attorney general's website and file a complaint against this debt collector. There should be a form to download and print, and then fill out the info and send it back into the attorney general's office. At that point, they will send the debt collector a letter from the attorney general's office which will get their attention and they will stop calling you and your relatives.

If you live in Arizona, you can download the form here...

http://www.azdfi.gov/Info/Intro.htm

If they still call after this, you will have powerful documentation to sue them with later.

[Brazzy]

Dont just assume that suing them is the best option. Look into local laws and understand how fair debt collection practices differ from a agency collections and a creditor collecting its own debt. Do some research before wasting an attorney's time.

[whyme]

I already submitted a claim to the FTC and I'm working on submitting a claim to the Louisiana State Attorney General's office. I also retained an attorney online who works on a contingency basis and was VERY willing to sue the CA when I told them about the FDCPA violations, of which I have documented proof.

These a-holes are going to sue me regardless. I know they are. May as well go down with a fight.

[gacreditguy]

hey there.. following your thread here.. would you mind posting atty info for the one you hired online and is working on a contingency basis? I havve a similar situation and would be interested. thanks

[whyme]

hey there.. following your thread here.. would you mind posting atty info for the one you hired online and is working on a contingency basis? I havve a similar situation and would be interested. thanks

The name of the firm is Lemberg and Associates.

[FLPrincess82]

I've used them, they were good

[LadyInTheRed]

Welcome to BKforum, FLPrincess82.

Please take a few minutes to read the forum rules. Links are at the top of each forum index. One rule is not to revive old threads unless there is a good reason to do so. I am closing this very old thread.