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Help with CA in Florida


Lady_Yo
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I received a letter from a lawyer firm attempting to collect a debt etc. Before sending the letter for validation i searched to see if they were licensed. Are lawyers excempt from having to be licensed to act as collection agencies just because they belong to the bar?

thz for ur help in advance.

Yo :D

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They may very well be. In Michigan, for example, they are exempt from licensure under the Occupational Code, but are considered collection agencies under Collection Practices Act.

You'll have to do some digging around your state statutes. You can start by doing a Google search for your state legislature website.

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Well i just found the info. yeap lawyers are except from filing for license as collection agencies. figures! Can anyone tell me if discovery usually takes people to court? They renegaded on an agreement that we had so i really hate having to deal with them. :evil:

Yo

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In general, the courts in Florida seem to favor the little guy.

However, Discover is historically known to go to court, and win. They are tough to beat.

However, the license issue depends on whether they are acting as the collection agent, or an agent for a collection company for Discover.

Please give more info.

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Well about them renegading i have no proof. I was naive and they offered me a good deal on the phone but when i called them back after i was paying for 6 months they told me sorry but we never made that agreement and since i had no proof i just got mad and stop paying. Now i called them and they refuse to negotiate saying all deals have to be through the attorney agency. So i will send a validation letter and see what happens. Honestly I am so mad at them i would prefer to bankruptcy before giving them a penny. they are a bunch of liers and scumbags. I wished i had applied for a different card. Anyone can tell me what is going on about some possible change in bankrupcy laws?

Yo

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card balance is 5915.57

The DOLA is like a year ( will get accurate date after i receive my credit report soon)

I just got letter from attorney today and I will be sending out the request of validation this week.

The attorney (letter signed by the esquire of the firm) says he is a debt collector atempting to collect a debt

Yo

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Then yes, Dive is right in this case.

My point was if the attorney is working for a collection agency, then the CA still has to be licensed. BUT,it seems like in your case the attorney is actually trying to collect -then he doesn't have to be.

But, was the letter stating at the bottom that this was in regard to collecting a debt OR was he saying that he, as the attorney, was collecting the debt??

I hate to be picky, but I've been in court over this and it does matter...

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" Our law firm is attempting to collect a debt that is owed to discover bank, issuer of the discover card and any information obtained will be used for that porpouse. This communication is from a debt collector. Should you desire to speak to someone to discuss the possibility of entering into a payment arrangement, please contact us at 1 800 531 5490."

and then they mentin i have 30 days to request verification.

Yo

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In general, the courts in Florida seem to favor the little guy.

However, Discover is historically known to go to court, and win. They are tough to beat.

However, the license issue depends on whether they are acting as the collection agent, or an agent for a collection company for Discover.

Please give more info.

That is true......

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Lady Yo--

I'm going through the exact same thing with Discover. Their assigned goons at Nationwide Credit called me, wanting to enter into a settlement. They wanted me to pay 6 months of $200 payments to demonstrate good faith. I started paying, but my statements were showing a higher balance after I paid. They had promised to stop adding interest, late penalties, over the credit line fees, etc., but they didn't. So I stopped paying.

I'm meeting with a BK attorney today, and Discover is the first thing going on my chapter 7. I've been thinking about letting them sue me before I file BK. I would do that just out of spite. Not only would they lose all the money I owe them, but they would have to pay court costs and attorney fees as well. Bastards -- It serves them well.

From my discussions with Discover and Nationwide Credit and from what I've read from others, Discover will either get a judgment against you, or they will pretty much force you into bankruptcy. That's how they operate.

Good luck.

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The problem with this situation is that the bankruptcy new law is going to pass so if we need to file we don't have a lot of time. I am still unsured because even if they don't respond to my dv i still have some years till the sol expires and with the new law coming well... I think it would be better to file

Yo

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