havequestions Posted May 20, 2005 Report Share Posted May 20, 2005 I've been contacted by a collector (Gerald E. Moore & Associates) about a Mastercard account they are trying to collect on my husband (I am not on the account). The lady called me and told me that unless I paid her the discounted settlement ($1300) within 24 hours they could get a judgement and lien on our property and it would end up being over $5000. Of course, we didn't have $1300 to pay so I did nothing. That was over 2 months ago. She has called several times since and left messages on our answering machine stating new deadlines every time. I have been researching on this site and I am of the understanding that it is a violation for a collection agency to threaten to do something that they really have no power to do. I belive that in my state (AL) the homestead exemption would keep them from attaching a lien to the property unless BOTH husband and wife were named in the judgement. And they can't do that since I am not on the account. Does anyone have any experience with this? Link to comment Share on other sites More sharing options...
ghacorp Posted May 20, 2005 Report Share Posted May 20, 2005 Who knows maybe they do have the right to follow through with a lawsuit. But you should understand most bill collectors are liars and will tell you anything to get their money! Link to comment Share on other sites More sharing options...
willingtocope Posted May 20, 2005 Report Share Posted May 20, 2005 You're right that they have probably commited a violation of the FDCPA, but unless you were recording the conversation or they did it in writing, you'd have a hard time proving it in court.My suggestion would be to use the debt validation (DV) process on them. Remember, the FDCPA has nothing to do with whether you owe the debt or not...its about making the collection agency (CA) play by the rules. Don't forget to send it certifieed mail, return receipt requested (CMRRR) Link to comment Share on other sites More sharing options...
codename_fortyseven Posted May 20, 2005 Report Share Posted May 20, 2005 Go get a tape recorder, right now. Call them back and ask about putting a lien on your home in 24h. Save the messages on your answering machine, they sound ripe with violations. NOBODY can get a judgement and place a lien on a house in 24H. It is impossible given the courts we have. That is a violation, but you have to be able to PROVE it. DV them as said and get a tape recorder asap! Link to comment Share on other sites More sharing options...
DocDon Posted May 20, 2005 Report Share Posted May 20, 2005 Gerald is in Atlanta... be kinda hard for them to file a suit out of state.This guy's got quite a track record. He's threatened suit, and he's been called out on his violation. He then says, "I'll just ship the suit to an attorney in your state" - which proves his first threat was intimidation, and a violation of the FDCPA.Mr. Moore is a CA - attorney comes second. Hammer them hard. The appropriate parties are already aware something is going on with this bunch. File your complaints with the FTC, the Georgia Attorney General's Office, and the Discplinary Board of the Georgia State Bar. Link to comment Share on other sites More sharing options...
TheLITCollector Posted May 26, 2005 Report Share Posted May 26, 2005 I've been contacted by a collector (Gerald E. Moore & Associates) about a Mastercard account they are trying to collect on my husband (I am not on the account). <snip>This first contact with you directly could be construed as a violation because of 3rd party disclosure laws. <snip> She has called several times since and left messages on our answering machine stating new deadlines every time. <snip>This also would appear to be a violation - as per messages on the answering machine a collector is technically allowed to leave their name and phone# only - <snip> I belive that in my state (AL) the homestead exemption would keep them from attaching a lien to the property unless BOTH husband and wife were named in the judgement. You may be a bit misled. In order to obtain judgement the creditor will sue the case based on social security # on the application/contract. If you are not on the original contract you shouldn't be sued. Now, In order to execute on the judgement and render an lein against real property only the party who was sued has to be listed on the deed/title as the owner of record. And finally, the homestead allowance for AL is $5k and that pertains to maximum $ amount under claimed exemption for real property when filing a bankruptcy. Link to comment Share on other sites More sharing options...
nativechild48 Posted May 26, 2005 Report Share Posted May 26, 2005 This CA committed several violations. They talked directly to you without the debtors permission and they threatened you with civil remedies which is a violation(s) under the fdcpa. Have him to DV them CRRR and if the debt is SOL, send them a C&D as well. If you can find a good Consumer ATTY., your husband can file a suit against them as well. Link to comment Share on other sites More sharing options...
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