Being sued by Collection Agency.......NEED ADVISE! (garnishment, liable, procedure)
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These forums exist for entertainment purposes only. Or at least that should be the case. Don't take advice from people on line without verifying it with a real source that you know you can trust. Especially if it is a legal matter. You might just find out you are an idiot taking advice from another idiot. I think anyone can be an online expert with very little liability to themselves. Had to say it.
And the copy pastes, as you put it, is not have any copyrighted material. I know and am familiar with copyright laws also; as my husband and I used to work, in a similar company to UPS stores and Kinko's.
Can you put that in English?
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Originally Posted by jmfavor
I have been sharing information and learning from "petmommy" and have found her very committed to helping people. She is helping me understand the importance of validation and verification of the debt. It really helps to understand what the law says, so of course, like anyone else, we go to the source , the law and copy and paste. A law is public information, but very difficult for most of us to find, let alone understand. I have learned more in a week from petmommy, that I have in a year with the credit consultant we have been working with. I am sending blessings to petmommy, and all of you others who are dilgently resisting the monstor of debt
Petmommy, wouldn't it had been easier to just log back into to your phantom friend from Seattle's account instead of creating another one?
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Originally Posted by petmommy
Recently it was posted that my information regarding Verification/Validation on alleged debts, is exactly what the Collection Industry uses; including Debt Collector Attorneys. I know that for a fact, as, their reply is nothing more than what I have stated previously. However I take my information from the Fair Debt Collection Practices Act Secton 809, which I have copied to paste.
If anyone has information on the Chaudry case and the Wollman letter, that says differently; I'd really like to have that, so I can quote to the next Lawyer, who sends a collection letter.
You gotta be kidding me. You're a Paralegal in training and need someone to hold your hand on finding this? Good grief. Anyways, since you're apparently unqualified to do this on your own, let me help.
Here is an excerpt from the Chaudry case. This is what the debt collectors love to send out, with the parts in red omitted.
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Contrary to Appellants' contention, verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt. See Azar v. Hayter , 874 F.Supp. 1314, 1317 (N.D. Fla.), aff'd , 66 F.3d 342 (11th Cir. 1995), cert. denied , 516 U.S. 1048 (1996). Con- sistent with the legislative history, verification is only intended to "eliminate the ... problem of debt collectors dunning the wrong person or attempting to collect debts which the consumer has already paid." S. Rep. No. 95-382, at 4 (1977), reprinted in 1977 U.S.C.C.A.N. 1695, 1699. There is no concomitant obligation to forward copies of bills or other detailed evidence of the debt.
In the present case, Gallerizzo, after receiving assurances from NationsBank that the sums were owed, verified the debt amounts in his January 18th letter to Plaintiffs' counsel and forwarded a copy of the bank's computerized summary of the Chaudhrys' loan transactions. The summary included a running account of the debt amount, a description of every transaction, and the date on which the transaction occurred. See Graziano v. Harrison , 950 F.2d 107, 113 (3d Cir. 1991) (holding that computer printouts which confirmed amounts of debts, the services provided, and the dates on which the debts were incurred constituted sufficient verification). Thereafter, in a January 19th letter to counsel, Gallerizzo restated the amount of the inspection fees and indicated that the amounts were correct. Nothing more is required.
Here is another case that references the Chaudry one.
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Even if the June 14, 2002 letter had not contained statements casting doubt on the accuracy of the information regarding Plaintiff's account, the information contained in the letter would not have sufficed to verify the debt. The only information disclosed in the letter was the date that the account was opened, the date that the last payment was posted, the name and social security number listed on the account, and the current balance. The letter did not indicate the amount or basis of the charges underlying the current balance, nor did it indicate the dates on which such charges were incurred. See, e.g., Chaudhry v. Gallerizzo, 174 F.3d 394, 406 (4th Cir. 1999); [*30] Graziano v. Harrison, 950 F.2d 107, 113 (3d Cir. 1991); Stonehart v. Rosenthal, 2001 U.S. Dist. LEXIS 11566, 2001 WL 910771, *7 (S.D.N.Y. Aug. 13, 2001). The letter also failed to indicate whether interest was factored into the current balance, and, if so, at what rate and for what time period. Particularly in this case, where Defendant added interest at a rate different from the original, contractual rate for Plaintiff's account, the limited information provided in the June 14, 2002 letter was insufficient to verify the alleged debt.
Oh, and an excerpt from the Wollman Letter, easily accessible through the FTC's website.
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The statute requires that the debt collector obtain verification of the debt and mail it to the consumer (emphasis mine). Because one of the principal purposes of this Section is to help consumers who have been misidentified by the debt collector or who dispute the amount of the debt, it is important that the verification of the identity of the consumer and the amount of the debt be obtained directly from the creditor. Mere itemization of what the debt collector already has does not accomplish this purpose. As stated above, the statute requires the debt collector, not the creditor, to mail the verification to the consumer.
And regardless what another Attorney posted against me, on another website; my OWN personal Attorney, who is suing 2-3 Collection Agencies for us, has confirmed, EACH violation is a $1,000.00, complaint claim and not an aggregate amount of $1,000.00. And in some cases, (please check with your own Attorney on this), there can be unlimited punitive damages allowed.
And your "attorney" is an idiot. Anyone can pick up a copy of the FDCPA and see that is false.
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§ 813. Civil liability
(a) Except as otherwise provided by this section, any debt collector
who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of
(1) any actual damage sustained by such person as a result of such failure;
(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000;
That's very clear. Up to $1000 per action, not violation. To get $1000 per violation you'd have to file a separate lawsuit for each one of them.
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Unlike a lot of Pro Se Defendants', I have won my cases in Court against Lawyers. I must be doing something right!!! I have also helped others, family & friends win theirs as well! My husband was just served a lawsuit last month, so I'm again back at work. Will keep you all posted.
Oh yeah? How about posting up the case info so we can use PACER to verify your claims.
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However, b/c I am not an Attorney, I need to put my disclaimer in my posts:
Where is your "I don't know what the hell I'm doing and if you follow my advice you'll be in a world of hurt" disclaimer?
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I am willing to help anyone who contacts me, via my email. I have guides, letters etc. I am willing to share, that HAVE been prepared by Attorneys.
Why not help them here out in the open? That's what happens on every other consumer forum I've been on. There is no need to have them sending you private information through email. I doubt we're going to have to worry about that though, as anybody who reads this thread surely isn't going to be soliciting your help.
I am disible and i just received discovery request, i live in los angeles and i need to reply do i need special forms and do i have to send a copy to court i am from guatemala and mine wriding in english is limit but a can read evrithing. End how i can send them a discovery to them. I don't have copies or recives nothing. Thank you for whwt you do, i like to do the same with ispanic people gracias
I am disible and i just received discovery request, i live in los angeles and i need to reply do i need special forms and do i have to send a copy to court i am from guatemala and mine wriding in english is limit but a can read evrithing. End how i can send them a discovery to them. I don't have copies or recives nothing. Thank you for whwt you do, i like to do the same with ispanic people gracias
Received summons from discover card, became disabled and unable to pay. Can they attack my annunity? Thanks in advance.
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Originally Posted by wilson1010
Oh, I just discovered this thread. Cool! This is gonna be fun. What going on here? Anyone want help?
I am an attorney, licensed in Ohio, 31 year of practice, familiar with all aspects of consumer credit, collections and civil litigation. I will not render specific legal advice and will not entertain any request for the engagement of legal services to a specific individual or on a specific legal matter. But I know all of the answers to all collection and civil litigation questions.
Most regional Legal Aid organizations will provide literature to you for free regarding your rights in situations like these. And, if you are disabled, and are actually being served with notice to appear in court over nonpayment, you may be eligible for free representation, depending on your state and your Legal Aid organization. Bear in mind, though, that most Legal Aid offices get FAR more intakes than they have personnel to assist, so they will prioritize what cases are most in need of their help, and people who need help do get turned away, every day, simply due to the size of staff, and the much larger size of the potential client base. Those living under the poverty threshold and who are permanently disabled, and for whom the thread of a lawsuit threatens their immediate safety/ability to maintain shelter/food, etc. are going to be highest priority.
Bear in mind that collections agencies are NOTORIOUS for bullying, impersonating legal entities, which they are not, and in employing illegal tactics in attempting to convince you that they, themselves, can go after you in any way. They cannot. The most they can do is file a suit against you, and successfully obtain a judgment. Most will not bother to go to the expense (but some will, depending on the situation and amount owed). A collections agent may call you and tell you you will be arrested. You will not. Hang up if someone bullies you. Tell them they may not contact you anymore.
I do not offer this as legal advice. I am not an attorney. But understanding consumer rights in collections situations is something that you can ABSOLUTELY get free information regarding, and Legal Aid is a good place to do it.
I have successfully stopped a garnishment from a collection agency.
1. They do not have the original promissory note you signed which is the law.
2. You are not a name. A name is a word or words used to distinguish a "person".
3. Ucc 3-401 (a) a "person" is not liable on an instrument unless thr "person" signed the instrument.
4. A sovereign is not a person, United Mine Workers v. UNITED STATES, 330 U.S. 258.
5. Before they can sue they ate supposed to do so by "specific negative averment" per Federal Rules of Civil Procedure title 28 USC
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