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vonniegirl

Attorney's Office acting as debt collector-Help!

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Hi members,

My dad sent this letter to me on yesterday. It is from Fontana & Fontana, LLC regarding a defaulted loan for American General Financial Services of LA, Inc. Re: American General Financial Services of Louisiana, Inc versus A***** E**** First City Court for the City of New Orleans Case No 05-51280. The letter states that "This office has filed the above suit on behalf of American /general Financial Services of La., Inc. to collect a loan that you defaulted on. American General Financial Services of Louisiana will accept voluntary payments as follows:

a first payment of $466.66 by June 3, 2005 and then monthly payments of $233.33 each starting July 3, 2005 and on the 3rd of each month thereafter until the debt sued upon in the above lawsuit is paid in full.

All payments should be mailed to my office at the above address.

I have been instructed to proceed to obtain a judgement against you fo r the amount sued upon less any credits for payments received since suit was filed. If payments are made as set forth above; then I will not proceed further than obtaining a judgement against you and recording the judgement. Please seek the advice of an attorney if you have any questions regarding a judgement and your rights.

You will not receive statements on your account. You must make payments each month on time as set forth above. If you fail to pay as stated above; this office may proceed with additional litigation to collect the debt owed without further notive to you. Additional litigation will increase the debt you owe. This letter is from a debt collector.

Sincerely,

Darryl M. Fontana

Jules A. Fontana III

cc: American General Financial Services of La., Inc."

My dad forwarded the lawsuit papers to me and I sent them to my attorney. This is the first reply since then. My dad will be 85 on July 13 and has had several surgeries... including a pacemaker. He does not need this worry. He is on a fixed income and I know he cannot come up with the money they are asking him for. The last line...does it constitute a mini miranda? Can I still send a C & D or DV to this office? I don't want to call my dad until I know which direction to go in.

Thanks guys, I know it has been some time since I posted but the well-being of your father will do that to you :)

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Hey sweetie!!!!!

Good to see you are still around.

Yep that a big ole violation.. no 30 day to dispute.

If an attorny is collecting a debt then they must give the validation notice.

Now here is the key on this.

Answer the complaint ... file your FDCPA counterclaims and also include a copy of Spears V Brennan from Indiana.

The main reason for this is the fact that the case was an attorney for AMERICAN GENERAL was the one who was popped for FDCPA violations.

You dont know how much your dad paid until you get total validation including total account history etc.

Follow the DV procedures youve learned here and also answer the summons IF there was one.

Hope that helps

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Thanks for responding so quickly Sky!

Now, I have never file a counterclaim I may need to speak to my attorney to see what the conversation between the two of them. They may have taken care of that but I will know more today when I put in a call to their office. I have not informed them that I know a little something about debt collection and the FDCPA so should I let them in on it?

Also, where can I get a copy of Spears V Brennan from Indiana. My Dad could certainly use the violation money :D

I hope I haven't been out of the loop so long that I can't help my Dad. that would just kill me so any help I get from the board, my credit repair family would be a god-send.

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