Montana

Members
  • Content Count

    22
  • Joined

  • Last visited

Community Reputation

10 Good

About Montana

  • Rank
    Newbie
  1. I was told by the state of Colorado I owe them money for unemployment over payment in 2010 and this is the first I have heard about this claim. I did talk to them on the phone and found out why, and I do not owe the money, but I have to go through the process. I received a letter from the state's collection services with the amount and the original creditor being the Dept of Labor. I also found out that this Colorado Collection Services is NOT bound by the FDCPA. I assume I cannot send them the standard debt validation letter citing the FDCPA. Is there a sample on here of a letter for collection agencies that are not covered by the FDCPA? Should I just send a letter asking for more information, or just disputing the claim and ask for more paperwork? I have never dealt with a collection agency that was not covered by the FDCPA before. Thank You
  2. The state of Colorado has recently started a new practice of withholding many people's state tax refund for past debts. Reportedly some of these debts go back 20 years for parking tickets etc. My wife's state tax refund was taken from her by the state and she found out it was because of some over payment by the Colorado Dept of Labor and Employment in 2010 for unemployment benefits. She was never notified of this. Is a state government bound by the laws of the FDCPA? Can the state take money without any due process? She just received the letter about this and she can dispute it within 30 days. Should she just site the FDCPA and use the sample debt validation letter found on this website? Thank You
  3. Looking at the list of each states statute of limitations here and also on Bankrate.com there are differences for the state of Colorado. One has 3 years and the other has 6 years for open ended accounts. Can someone please tell me which is correct. I guess we all should have gone to law school to read our states laws anymore. Here is the bankrate.com list http://www.bankrate.com/brm/news/cc/20040116b2.asp?caret=8 Here is the listing here at credit info: http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml Thank You
  4. I just called my state again and this Douglas Burgess isnt even licensed to work in Colorado. As an attorney or collection agency. I am guessing that this law firm has to follow the FDCPA or am I wrong ?
  5. CB..... I called them and they refused to give me their address. And I did call the state AG and she was very interested in who this company was. She did all kinds of searches with the phone number and company name and found nothing. They have already broken numerous fdcpa laws. At the least on Monday I am going to file a written complaint with my state AG. That will get a paper record started on this. The AG will then call them at least tell them to cease operating in my state until they get a license etc. Then see if I get a letter. I will also call the original creditor and deal with them unless they say they sold it instead of just hired someone to get a debt.
  6. Thank you. I will call my AG on Monday and let them know. As far as the list they have on the web site, this company or the aka isnt even licensed to collect debts in my state. If they sue or make anymore idiot phone calls I guess I will have to do something. Most likely file a complaint with my state AG. If they are regulated by state and federal fdcpa, they have already racked up more than $8k in violations. In the meantime I should just call the original creditor, see whats what. And if I owe I will pay them. If they say its not their debt anymore. Who knows. Amazing how these debt collectors are really idiots, if they just tried and be decent and legit at least the first phone call, they might actually collect more money.
  7. NASCAR, are they an actual debt collector. Are they bound by the FDCPA ? If so my AG office, the debt collections licensing board has never heard of them and they are not licensed in my state. They could be low lifes, but I wonder what name they are using in my state or if they are even licensed in my state. I guess if I get something in the mail or I get sued than I will know and be mad. Threatening a law suit and not being able to follow through is another fdcpa violation I believe.
  8. I dont have caller ID hooked up right now. And yes that angers me. I just called and talked to someone else there. He said the name of this company is CCR and Associates. And that they are NOT bound by the FDCPA. They somehow represent attorneys trying to collect debts. Yet they refused to give me any lawyers names. I asked this man for their mailing address and he continued to ask me why and I said to write a letter, pay a debt. He refused to give me the mailing address. He then said they have offices in all 50 states. Again my AG couldnt find them listed. I just got out of the phone with my state attorney generals office and she couldnt find these people listed or licensed in CO. She is very interested in knowing who they are and where they are. Thank you
  9. The past three days I have gotten threatening messages left on my phone. Todays threat was that they were going to file in my county court. The past two messages said that there was a case number. Loose use of the words case number but misleading. I called them back today and they told me they are some kind group representing lawyers. I said I might owe this money since I really dont remember much of last years turmoils. I asked them to send everything in writing and I will take care of this. They refused to send me anything in the mail. Saying they mailed something in January. I told them I moved last summer and never got anything in the mail and I gave them my current address. They said they are going to file in court today against me. And refused to send anything in writing. I asked them again today to give me the lawyers name and I will contact him and work this out and they refused to give me the lawyer name and hung up. As far as I am concerned, today is the first contact. What should be my next step ?
  10. Thank you for your reply, I wrote the letter to this law firm/CA myself asking for a verification of these amounts. I only had this lawyer call them because I was getting nowhere. It doesnt make much sense to me that the FDCPA laws are ignored in court because someone has a lawyer. Anyway, there isnt even a court filing, if it comes to that I certainly plan on suing for the numerous violations. But right now, I dont know what to do, the CA stopped calling and there isnt a court filing and its nothing but a loose end just hanging there now. Should I just ignore it for now and see what happens ? Thank You
  11. August 15th I get a phone message from a law firm/CA stating a check I wrote didnt clear ( over a year ago) and I needed to call them and they were going to court. For the next 10 days, they called daily, I called them, they said I owed the money for this check ( I thought it cleared, thats another story) plus I owed triple damages and legal fees etc. They broke several of the fdcpa laws, I told them I never received anything in the mail and they needed to mail this to me, they continually refused. They left a message saying either I or my lawyer has to call them right away, and this went on for 10 days. I sent them a certified DV letter, they signed for it and they never mailed anything at all. I did have my lawyer call them and he had to leave them a message, they never returned his phone call. And they havent called me since then, In this time I also sent a money order to the company I did write that check to that didnt clear, they sent it back to me saying that I had to deal with their lawyer only. So, they wont return my lawyers calls, and they arent calling me and they havent filed in court. What should I do now ? Thank you
  12. The location is Colorado and the state statute is 13-21-109. Thanks for your reply, just seems to me that the laws are there to be sort of followed and then the judge sort of pays attention to it. I would like to avoid going to court about this idiotic problem, but I wont pay any treble damages for this either.
  13. I've had a lawyer calling me up for a bad check I wrote over a year ago. This is due to a bank error I didnt know about, but that seems to be beside the point. This lawyer says he sent me letters, which I never got. He refuses to send me anything in writing and I have asked every day for a week now. This lawyer says I already owe triple damages, yet there has been no judgement or even a court filing. According to at least my state (CO 13-21-109) FDCPA law, no collection agency can claim you owe triple damages until there has been a judgement. In talking with a couple of lawyers to represent me, they say things like, "Well they can do that and they see if they can get away with it". I also sent this lawyer a dispute letter, stating I dispute most of the amount he claims I owe. And to stop all collection of this debt until he sends this to me in writing. He has continued to pursue this matter and still refuses to mail me anything, always saying he hasnt broken any laws and has already sent me a letter and will not again. I dont see where the FDCPA protects me at all, if a lawyer/collection lawyer can try and get triple damages now just to see if he can when the law states he cannot do this. Any comments. Thank You
  14. I want to add more of the conversation I had with this lawyer, His exact words wereI owe the original ($146) plus triple damages plus Legal fees, etc for a total of $700 plus. And that if I paid now he would take $100 off this amount. Those were his exact words, and there hasnt been any court filing at this time. State is Colorado. Thanks
  15. The FDCPA states that after the initial contact by a CA, in this case a lawyer, he has 5 days to send a letter stating what is exactly owed, who it is owed to etc. A lawyer called me today telling me of a bad check I wrote over a year ago, I knew the check was a problem with the bank, then the bank says they honored it. And then I heard nothing else at all about this. This lawyer tells me yesterday that he has sent numerous letters and called me several times, I have never had any phone calls or letter from him. Does he have to send a letter by some kind of registered mail. Is this considered an initial contact since this is the first time I have ever talked to him. And if so, does he now have to send me a letter with all the info on it within the next 5 days. Also, this lawyer told me today that I owed the initial check amount and that I owed triple damages, this has never been to court, no judgements at all. I thought they could only ask for triple damages if there was a judgement for that. Please straighten me out. Thank You