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Suing the collection lawyers for the CA...Can I how etc.


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Midland sent my account to a collection lawyer last year (firm) here in MA-I asked for validation-they told me as of the 30th day that Discover had not "found it yet" and that I would have to wait "as long as it takes, even if that is several months, so why don't I just pay it"? When I told this person the law says thirty days, he told me that "that is not true"!!

Several days later this person's supervisor became abusive to me when I called back accused me of "lying", "trying to get away with something" said I was"being completely unreasonable and asking for the impossible since Discover has MILLIONS of accounts etc." more yelling and rudeness and then in a huff hung up on me..

I recorded these calls...(heeheehee) what can I do? and how?

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<blockquote>Originally posted by KimmyG

Midland sent my account to a collection lawyer last year (firm) here in MA-I asked for validation-they told me as of the 30th day that Discover had not "found it yet" and that I would have to wait "as long as it takes, even if that is several months, so why don't I just pay it"? When I told this person the law says thirty days, he told me that "that is not true"!!

Several days later this person's supervisor became abusive to me when I called back accused me of "lying", "trying to get away with something" said I was"being completely unreasonable and asking for the impossible since Discover has MILLIONS of accounts etc." more yelling and rudeness and then in a huff hung up on me..

I recorded these calls...(heeheehee) what can I do? and how?

</blockquote>

KimmyG,

I haven't found anything in the FDCPA that defines 30 days as the time frame in which the CA has to validate a debt. There is also no law that I know of against being rude. Here's what the FDCPA says about "abuse" :

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806. Harassment or abuse [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.

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Maybe the CA abused you verbally OR maybe they were just rude to you. I suppose you could file suit against them but IMO, there are probably plenty of ways your time and energy could be better spent. JMO though.

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Nolo is right, there is no 30 day rule for them to respond.

They may have broken the law if they continue collection efforts with a pending validation request from you. Once you request validation, they must halt collection activities until they provide it. Asking to pay sounds like collection activity.

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