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About TexasLawyer

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    CIC Member


  • Interests
    Improper debt collection
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    Dallas, Texas
  1. Paying off a debt that is related to an FDCPA claim has no legal effect on the FDCPA claim.
  2. I am not sure that I have a good understanding of your plan. Even so, there might be a rule of procedure in your jurisdiction that allows you to file a motion for the plaintiff's attorney to show his/her authority. There is such a rule in the Texas Rules of Civil Procedure.
  3. Would the $163 times three equal the total amount allegedly owed or something less than that amount?
  4. The attorney is just representing the OC and is not a party, correct? If so, you should bone up on the applicable discovery rules. You will likely need to serve requests for production.
  5. Specifically, what was the agreement between you and AFNI?
  6. The jurisdictional analysis is not quite so simple. If the collection agency did not make any calls to Colorado, and it alleges that it never places calls nor sends letters to Colorado, Colorado might not have jurisdiction over it. However, if it takes other actions to attempt to collect the debt, knowing that its actions will somehow negatively affect a debtor in Colorado, then Colorado might still have jurisdiction over it.
  7. Here is another site - http://www.callcorder.com/phone-recording-law-america.htm However, I would independently verify information on the sites and whether recording would be legal.
  8. You can sue in the state in which you experienced legally-recognizable injury (such as mental anguish). However, even though you experienced injury, your state might not have jurisdiction over the collection agency. A court conducts a fact-specific analysis to determine whether it has jurisdiction over a defendant. Generally, a defendant must have have engaged in conduct such that it could be expected to be sued in the state in which it was sued. This conduct could be systematic and continuous (resulting in "general jurisdiction") or specific to the case in which it was sued (resulting in "specific jurisdiction").
  9. You might go to naca.net and locate a lawyer handling fair debt cases in your state. Joanne Faulkner is in Connecticut, and she is very experienced in fair debt cases.
  10. You don't need to do it more than once. One failure is a violation of the statute. Again, pursuant to a change in the statute during the last legislative session, the account must have been reported to a credit bureau for the agency to have any obligation to respond. The law was that the agency had to respond irrespective of whether the account was reported to a credit bureau. It was an anti-consumer change that will certainly not help curb the identity theft problem.
  11. Check into the "lawyer/collector." I have never heard of an attorney sitting on the phone all day and calling to collect debts.
  12. There is no magic bullet. Debts do not dissolve merely by a creditor's failure to accede to a long list of demands. Those that advocate ridiculous "cure-all" letters should be held responsible for their irresponsible actions. While they purport to be pro-consumer, their suggested tactics many times leave consumers in worse shape than they were before following the advice. You should locate a consumer protection attorney immediately. While there are certainly some cases that consumers can handle pro se, from what you have described, you need a lawyer.
  13. That last response is not totally true. The Federal Arbitration Act mandates that arbitration provisions be treated like all other contract provisions. Therefore, it is legal to contract for arbitration. However, you have all contract defenses available to defeat an arbitration clause that you would to defeat any other clause in a contract. For example, there may be no consideration, or the consideration might have failed. Or, the contract could be illegal or unconscionable. If an enforceable arbitration provision exists, and its scope covers the dispute at issue, a court will not allow you to litigate a case just because you choose to attempt to litigate it.
  14. If the agency placed the account on your credit report, and it did not respond to your dispute in 30 days, then you clearly have a cause of action for violation of Chapter 392 of the Texas Finance Code.
  15. I assume that you are in federal court. You need to find out if he is admitted in the federal district in which the case is filed. If not, and he is not in pro hac vice, his actions may constitute the unauthorized practice of law. Also, if his initial disclosures are not timely made, you might consider filing a motion to compel production. In some courts, it may also constitute sanctionable conduct.