DocDon Posted March 12, 2004 Report Share Posted March 12, 2004 If an attorney is acting as a collection agency, and threatens litigation. Can you ask for proof that the OC gave the go-ahead for such action? Link to comment Share on other sites More sharing options...
Leadhead Posted March 12, 2004 Report Share Posted March 12, 2004 IMO I doubt it's relevant. Most likely the OC did authorize litigation, in any event. However, if you DV the attorney and then he filed suit w/o valitation, you could have a claim against him for the FDCPA. Link to comment Share on other sites More sharing options...
herauntsis Posted March 13, 2004 Report Share Posted March 13, 2004 I think it is relevant -- the FDCPA specifically bars threatening litigation unless they mean to go through with it. If they don't have the go-ahead from the OC, and they are threatening to sue you, I would say that's a violation.Now that I have spouted off, I must confess I don't know the answer to the original question. Interesting point though -- maybe you could include that question in your request for DV. They will probably say it is privileged information between them and their client, but it can't hurt to ask. Link to comment Share on other sites More sharing options...
Guest Posted March 13, 2004 Report Share Posted March 13, 2004 I think I agree with hereauntsisI believe that if you requested validation from them and proof that the OC authorized that then they would be bound by FDCPA.If they had no intention of filing suit then you have them on that violation as well.I would DV Them Link to comment Share on other sites More sharing options...
DocDon Posted March 13, 2004 Author Report Share Posted March 13, 2004 I pissed this idiot off. Told (wrote) him he wasn't licensed to collect in Michigan. He sends some BS outdated MI law that says lawyers are exempt and threatens suit. I sent him the correct statute and said he can't threaten suit - it's up to the OC to decide what action to take above and beyond making phone calls and sending letters.Next thing I hear, he's going to court on Monday to get a judgement. Ooooo.k. Nice try. This guy is a class 1 tool. I'm already turning him in, and it dawned on me to see if anyone here in the same situation had actually gone and gotten proof from the OC that they approved litigation.I'm going to send him a stack of fast food gift certificate and cigarette coupons and tell him to stick with suits he remotely has knowledge about. Link to comment Share on other sites More sharing options...
retmar Posted March 14, 2004 Report Share Posted March 14, 2004 Doc, that is a perfect gift for an Attorney like this. It amazes me where some of these companies find these idiots.Senator Kerry is a Lowlife Bottom Feeder who does not even deserve the privilege to assist a Maggot. He is a lying, phony, two-faced hypocritical piece of (Omitted)! Link to comment Share on other sites More sharing options...
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