FDCPA

Hi housewife

Welcome to the debt consolidation care forums.

In order to protect the consumers from the harassment of collection agencies and creditors a federal law has been passed by the Congress which is known as the Fair Debt Collection Practices Act. Each and every states of the United States follows the same fdcpa. There is no state wise version of FDCPA.

Please do not stress yourself out.
Hope you will find this information useful

Regards
Peter

So in a court case the fdcpa should over rule any state rules on debts?
I was mailed a summons to civil court in Tennessee on a medical bill I don't owe.
Within 5 days after receiving this I mailed a letter stating I dispute this debt. I didn't ask for specific info., but from what I'm reading according to the FDCPA the CA is supposed to send me validation within 30 days and all collections cease until I get this information? Does this mean I can sue them if they don't comply? It seems I read somewhere on the net that TN laws will let a CA renew the debt. Does the FDCPA address renewals? Thanks :?

Hi housewife

The fdcpa law is applied all over the United States and the rights of the consumer are protected under the guidelines of the Federal Trade Commission.

As per the FDCPA law, the Statute of Limitation period for legally collecting the debt starts from the date when your account last came into default. If you have made any activity in the account, the SOL period is renewed. This gives the debt collector a chance to collect the debt within the SOL time frame.

Regards
Roxette

Over the years I have been contacted by different CAs about this bill, but I write a letter explaining why I don't owe it and they never contact me again.

This time all I recieved was a summons to civil court in Tennessee. I live in GA. I then received a motion to amend adding attorney fees. I wrote a letter disputing the debt. The CA then wrote me a letter saying that since I disputed this debt I needed to be sure to appear in court and bring my proof. I then sent a letter back requesting validity. That was only yesterday.

The court date is Aug. 1. Since I am requesting validity they have 30 days to answer do I still need to go to court or is this stopped until they send me valid proof? Thanks so much for your help.

You made the right move by asking your collection agency to validate the debt.

Since you have disputed the debt earlier and you have been asked to appear in the court, make sure that you are present there. Otherwise, it will represent that your dispute was not valid and you tried to escape from the debt that they alleged. Your presence in the court matters a lot if you are not guilty.

Of course, now the ball is in their court and they will have to validate this debt.

I thought all collection attempts and contacts with the CA were supposed to stop until I got validation. If we(my husband and I) go to court it is to make an appearance and to come to some decision over this debt. Whether to go to trial or to pay. I realize I must be there or the CA could receive a default judgement. Is this not violating my rights under the fdcpa? :?

Hi housewife

The Collector is restricted to contact you till he does not validate the debt. If he fails to validate the debt and keep contacting you, then it is a violation of the Consumer protection afforded by the fdcpa under Section 809 (b) and you can fine them $1,000

As per the FDCPA rights, your interests need to be protected and you should consult your lawyer to file a case against them.

Regards
Roxette

Actually, according to the fdcpa if there is a state law in place that superceeds the FDCPA or provides more protection to the consumer, then that law takes precedence over FDCPA. Before you give advice please, know the facts.

[quote=housewife]So in a court case the FDCPA should over rule any state rules on debts?
I was mailed a summons to civil court in Tennessee on a medical bill I don't owe.
Within 5 days after receiving this I mailed a letter stating I dispute this debt. I didn't ask for specific info., but from what I'm reading according to the FDCPA the CA is supposed to send me validation within 30 days and all collections cease until I get this information? Does this mean I can sue them if they don't comply? It seems I read somewhere on the net that TN laws will let a CA renew the debt. Does the FDCPA address renewals? Thanks :?[/quote]

Again, here is another example of incorrect information. The fact is that according to fdcpa and the FACT Act, the statue of limitations for credit reporting purposes is 7yrs. from the ORIGINAL date of deliquency. This can never change and if it is rereported to your Credit Bureau Report that is illegal. The only way it can be listed more than once on your CBR is if the debt was purchased by another company and still the ORIGINAL date of deliquency does not change. The only thing that account activity will do is to refresh (or renew) Statute of Limitaion for suit purposes. That is if a collection company has the INTENT and ABILITY (according to FDCPA) to sue you (e.g garnish wages, lien property, etc.) then each state has its own SOL for suit and in many cases that long extends the 7yrs for credit reporting. For example, in the state of Iowa the SOL collection agencies have to garnish wages for bad credit card debt is 15yrs. well past the 7yrs that it is allowed to stay on your credit report. But anyway most importantly, account activity does NOT refresh SOL for credit reporting.

reporting [quote=roxette]Hi housewife

The FDCPA law is applied all over the United States and the rights of the consumer are protected under the guidelines of the Federal Trade Commission.

As per the FDCPA law, the Statute of Limitation period for legally collecting the debt starts from the date when your account last came into default. If you have made any activity in the account, the SOL period is renewed. This gives the debt collector a chance to collect the debt within the SOL time frame.

Regards
Roxette[/quote]

Another point here is that SOL (statute of limitations) for the acutall COLLECTION of debt in most cases is infinte. Only a few states have laws against the collection of debt past the SOL - be CAREFUL here. If a debt is past the SOL in the state which you reside then you can never be sued for the debt, unless you refresh the SOL (for suit purposes) by making a payment. (e.g the infamous 5 dollar pmt of intent) Remember, housewife, that this cannot legally be on your credit report for more than 7yrs. after that it has to come off. Find out what the SOL is for suits on this particular type of debt in the state of Tennessee. Obviously if you recieved a notice to appear then it is still within the statue, so as roxanne said MAKE SURE YOU APPEAR. If you have a valid dispute then make sure you have documentation of it. Because when it comes to proving disputes it is up to you to show why your dispute is valid.
[quote=roxette]Hi housewife

The fdcpa law is applied all over the United States and the rights of the consumer are protected under the guidelines of the Federal Trade Commission.

As per the FDCPA law, the Statute of Limitation period for legally collecting the debt starts from the date when your account last came into default. If you have made any activity in the account, the SOL period is renewed. This gives the debt collector a chance to collect the debt within the SOL time frame.

Regards
Roxette[/quote]

[quote=Anonymous]Another point here is that SOL (statute of limitations) for the acutall COLLECTION of debt in most cases is infinte. Only a few states have laws against the collection of debt past the SOL - be CAREFUL here. If a debt is past the SOL in the state which you reside then you can never be sued for the debt, unless you refresh the SOL (for suit purposes) by making a payment. (e.g the infamous 5 dollar pmt of intent) Remember, housewife, that this cannot legally be on your credit report for more than 7yrs. after that it has to come off. Find out what the SOL is for suits on this particular type of debt in the state of Tennessee. Obviously if you recieved a notice to appear then it is still within the statue, so as roxanne said MAKE SURE YOU APPEAR. If you have a valid dispute then make sure you have documentation of it. Because when it comes to proving disputes it is up to you to show why your dispute is valid.

Since the CA is taking me to court I thought I was innocent until proven guilty. Shouldn't the CA bring proof that I owe this debt? Since I have requested validity I thought the CA had to mail this to me within 30 days are the CA would be violating fdcpa rules.
:?

[quote=roxette]Hi housewife

The FDCPA law is applied all over the United States and the rights of the consumer are protected under the guidelines of the Federal Trade Commission.

As per the FDCPA law, the Statute of Limitation period for legally collecting the debt starts from the date when your account last came into default. If you have made any activity in the account, the SOL period is renewed. This gives the debt collector a chance to collect the debt within the SOL time frame.

Regards
Roxette[/quote][/quote]

Guest,

Thanks for your input. I think I am missing something here. This isn't on my credit report. I'm only talking about being sued for this debt. I have my proof. I thought since the CA is taking me to court, I was innocent until proven guilty and the CA had to prove I owed the money. I thought by fdcpa law since I requested validity that the CA had thirty days to mail this to me or they would be in violation. :roll:

Well, I got my validation today. It consists of:
1. a copy of the dispute letter I mailed to CA with a note at the bottom saying the Statute has not run, last payment 11/22/98. Date of Service 6/04/98.
2. a copy of the Motion to Amend
3. a copy of a fax from another CA that was mailed to me 10/19/99, with the total due. It appears the dates have been traced over.
4. a copy of a call sheet from the above CA #3 with my work address and my husbands.
5. a copy of a contract I signed 8/29/97 and 3/13/98.
This doesn't cover what I ask for in my DV letter. It appears that maybe they were trying to get it to me before Monday. (court day to discuss payment or not)
What should I do now? :?

Hi housewife

These information need to be specified sequentially. Please ask the collectors to concentrate on providing the necessary details including the following as per the fdcpa law:

• The details of the account.
  
  
• All the calculation should be shown of the amount that is owed.
  
  
• Any copies of the papers to be furnished that shows the payment agreement.
  
  
• Provide a verification or copy of any judgment if applicable
  
  
• The original creditor needs to be identified.
  
  
• The Statute of Limitation needs to be proven for the collection of the debt.
  
  
• The license of the collection agency applicable in the state is to be furnished along with the license numbers and Registered Agent
  
  
• Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.
  
  
• Complete payment history showing the details of the creditors, payment history, amount of the debt, break up of fees/interest should be provided in paper.
  
  
• A copy of the original signed loan agreement between the debtor and the original creditor establishing the debt between both the parties also has to be produced.
  

Roxette,
Thanks so much for your help. Where in the fdcpa does is state that I have the right to this information?
All I can find is name of original creditor and amount.

HI housewife

As per the Federal Trade Commission, you have the right to ask for validation of the debt from your lenders and collectors under Section 809 [1692g]

Please go through this FTC link where you can be more familiar about your consumer rights as per THE FAIR DEBT COLLECTION PRACTICES ACT

http://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

Regards
Roxette

I'm confused. We just pasted the SOL (I live in TX). Can they still file judgement if they want?

Tina, if the debt is past the SOL period, you are under no legal obligation to pay it. If the credit company intends to file a judgment against you, I doubt if they will have any case. You are using your rights under the federal law after the expiry of the SOL.

Ok so in June 2006 I cancelled my AMEX Gold card it had a Balance on the Sign and Travel which is a monthly payment account. And I have been making my payments. However Last week I started getting phone calls from a debt collector saying that Amex had reviewed my account and was placing it in collections. They requested payment in full, I informed them that I could not pay the full balance however I would double my monthly payment because my husband only get paid one time a month and that was all I can do they told me that they needed the full amount. Again I said I could not do that, then they got ugle and said if you could not pay it in full then why did you charge it. (That upset me) Because what I was paying on was a payment opt offered by amex that was org charged back in 99. Again the agent said payment in full. Since they where not listing to me I was mad and hung up. Since that they are calling me back to back If I don't pick up the first time then they call right back. I know this because of caller ID and then they call and get me on my cell. I have asked for them to give me their address so I can talk with them by mail and the agents manager said we will just call your husband at work. (again makeing me mad) How can I get them not to call and why wont the give me thier address, and why wont they take my payment.

Any help would be greatful.

Feed UP

feed up--

first, the fdcpa prohibits the type of harassing phone activity that this CA is using against you. IF you hang up and they keep calling right back, that is against federal law. You need to send them a letter, by certified mail RRR, called a 'cease and desist' letter. If you search in here for cease and desist you will find examples that you can use. Basically, the law allows you to tell a CA to stop contacting you, and they must abide by that. If they keep calling even after they receive the letter, then that is another violation of the law.

honestly, in this day and age, I would also suggest that you send them a validation letter. I am aware that you identify the debt as legitimately yours, but nowadays there are a lot of CA's that try to collect on debts that they dont have the legal right to collect on. Either that or contact AMEX directly about your account. If it was in fact sent to this CA then AMEX will verify that for you. Just to be on the safe side--if they dont have the legal right to collect this debt, any money you send them will not end up going towards your balance. Call AMEX and see what they say about your account before you agree to ANYTHING with these other people. If AMEX says that this collection agency does not have a legal assignment of the debt, then ask AMEX to state that to you in writing for your records.

Also remember--debt collectors are trying to get money. They will often push for "payment in full right now" even though their real job is to work with the debtor to find a suitable solution to get the debt satisfied. Dont let them bully you into making any kind of arrangement. As a side note--if you do opt to send that validation letter to verify that they have legal right to this debt, they are not allowed to continue trying to collect on the debt until after they have provided the required documentation to you that proves the debt is legitimate.

Keep us posted, and good luck!