IOWEEVERYONE Posted May 2, 2003 Report Share Posted May 2, 2003 Long story short. I'm currently setteling a debt with a CA. After reviwing your many responces on the board I realized what they did was against the law.1) They conatcted my employer and asked if it was ok for thier employee (me) was ok to accpet a summons at work2) The called my momther and tolder here that a law suit was going to be filed against me if I dont call the CA back.On another unrelated issue.A ca called me and verbal abused me and siad they would garnish my wages and call the HR department to do so... Happen about 9 months agoCan i do anythign with these? Link to comment Share on other sites More sharing options...
Xanathos Posted May 2, 2003 Report Share Posted May 2, 2003 <blockquote>1) They conatcted my employer and asked if it was ok for thier employee (me) was ok to accpet a summons at work2) The called my momther and tolder here that a law suit was going to be filed against me if I dont call the CA back.On another unrelated issue.A ca called me and verbal abused me and siad they would garnish my wages and call the HR department to do so... Happen about 9 months agoCan i do anythign with these?</blockquote>1) I'm not sure if they can do that or not2) I know they can't do that3) I'm pretty sure they can't do that, either(calling the HR departmet to tell them they were going to garnisheer at some point) Link to comment Share on other sites More sharing options...
bingo Posted May 2, 2003 Report Share Posted May 2, 2003 When did you last pay the orginal creditor and what state do you reside? Link to comment Share on other sites More sharing options...
IOWEEVERYONE Posted May 3, 2003 Author Report Share Posted May 3, 2003 I live in PA. Sorry for all the type O's. It was like 24 months ago. Link to comment Share on other sites More sharing options...
Swede Posted May 7, 2003 Report Share Posted May 7, 2003 <blockquote>Originally posted by IOWEEVERYONELong story short. I'm currently setteling a debt with a CA. After reviwing your many responces on the board I realized what they did was against the law.</blockquote>Why are you settling? I know you’re new on the board and you really should stick around and do some more reading before making any moves. You will see that settlement is usually not the first step unless you’re trying to get a mortgage and on a tight timetable… Link to comment Share on other sites More sharing options...
buzz-saw Posted May 7, 2003 Report Share Posted May 7, 2003 I am not a lawyer, so don't consider this to be legal advice. This is just my $.02 based on my own personal studies and experiences.......<blockquote>Originally posted by IOWEEVERYONELong story short. I'm currently setteling a debt with a CA. After reviwing your many responces on the board I realized what they did was against the law.</blockquote>You should stay the settlement pending resolution of the FDCPA violations. Word your correspondence re the violations appropriately and force an out of court settlement on the FDCPA charges. Tell them you won't pay until either a) they've settled with you out of court, of that you obtain a judgment against them. NOTE: This does NOT bar them from suing you for the alleged debt, as the existence of a debt is one thing (substance) and FDCPA violations (procedure) is another.<blockquote>1) They conatcted my employer and asked if it was ok for thier employee (me) was ok to accpet a summons at work</blockquote>BEEP -- 2 violations. While they may contact YOU AT WORK as long as they haven't received a C&D letter, they are NOT allowed to make statements directly to your employer, and especially ones that imply a legal situation. Oh, and for what it's worth... allowing employees to receive a summons at work is not arbitrary. The CA probably knew that, but was just trying to use that as a way of getting your employer involved in the debt issue so as to press you to pay it. This is violation #2.<blockquote>2) The called my momther and tolder here that a law suit was going to be filed against me if I dont call the CA back.</blockquote>BEEP -- 2 violations. They aren't allowed to contact friends or relatives except to obtain location information (violation #1). There is no law stating that your failure to return a CA's phone call constitutes a tort (something you can be sued about). They were threatening legal action that they did not intend to take (and were actually barred from taking anyway) .. violation #2.<blockquote>A ca called me and verbal abused me and siad they would garnish my wages and call the HR department to do so... Happen about 9 months ago</blockquote>BEEP -- 2 violations. They stated that they would garnish your wages. This is stating a "legal action" which they can not take (violation #1). Only the COURT can garnish wages, and only after the court has issued a JUDGMENT and a writ of Scire Facias. Threatening to contact the HR department is a violation (violation #2) because they can only discuss the debt with YOU -- hence, they have threatened to do something illegal, in an attempt to coerce you into paying them (can you spell EXTORTION?). <blockquote>Can i do anythign with these?</blockquote>That's all up to you, but there certainly appears to be a cause of action based on what you said and assuming you have proof. You might want to contact the Small Claims Court in your area and/or a local attorney to handle this. [Edit by buzz-saw on Wednesday, May 7, 2003 @ 05:17 PM] Link to comment Share on other sites More sharing options...
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