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Is the norm becoming a dunning letter from a lawyer??


EdwinRamos
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I've received several dunning letter's in the past year, but recently, and I can only guess, since some of my debt's are reaching sol, the dunning letter's now have a lawyer's letter head affixed to them.

From reading several posts here at the forum, I also notice a lot of member's here are also reporting "Attorney & Partners LLC" just sent me a letter, So, is this becoming the norm, in intimidation, by sending a dunning letter with an attorney's letter head ? obviously a letter with an attorney's name affixed to it, can only be interpreted as "a Law Suite down the road, so the receiver of this dunning letter better contact the law firm immediately or ...??".

Here I provide a few words regarding this situation with the link where it was found....

FALSE REPRESENTATION THAT

COMMUNICATION IS FROM AN ATTORNEY

Another popular recent debt collection technique is to have large numbers of collection letters, with implicit or explicit threats of suit, sent under the name of an attorney. The courts have recognized that "A debt collection letter on an attorney's letterhead conveys authority and credibility." The clear implication of any attorney letter is a threat of suit.

Unless the attorney has in fact reviewed the debtor's file and made a professional judgment that whatever action is threatened is appropriate, and the threatened action has been authorized by the creditor, the use of such letters is a violation of 1692e(3), which prohibits "[t]he false representation or implication that any individual is an attorney or that any communication is from an attorney."

Link: :arrow:http://www.edcombs.com/CM/Actions/Fair-Debt-Collection.asp

Click on link... Click on this link, and scroll to item X for further information....

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I would like to thank your for the Link which gave me explanation from the JD Attorney group in Florida how to beat this lawsuit. I ask for a VD within the 30 days then the Attorney( a different one) sent me Affidavit from GA which means nothing for being a witness of business record according to Article 9 of the Uniform Commerical Code S-406 and S-2-910 for the breakdown of the debt by showing payments instead of a total like they did for DV letter.

They did not show any assignment, or Title of Assignment that they have the legal right to collect this suppose debt, or show that the debtor failed to pay. I need to see actual records, not someone that is hearsay from affidavit.

You are my Angel.xangelx

There is also a catch 222 from the Supreme Court if your lawsuit is not in Small Claims court. I like that rule. :lol: There is an link that you can download citings, case law, explanantion to beat a JDC for a lawsuit.

The link has lots of information, so please anyone being sued read this link Are You Being Dunned, or Being Sued by a Debt Buyer then scroll down to the end of page there is underline link that says Click on this Link for more Information on Debt Buying and Know your Legal Rights. It will tell you how to beat the debt in Small Claims Court, and see pages 10-13 have good info.from the "Defense of Collection Cases," June 5, 2006, by Daniel A. Edelman on Acrobat, so you can print.

p.s. If you are being sued by Junk Debt Collector. :idea: I have my rebuttal ready, so I can ask for a dismissal. Hugs to this Link and the person that provided it. :)++:)++

:)++http://www.edcombs.com/CM/Actions/Are-You-Being.asp

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The volume debt collection law firms are getting wise to the 1692e(3) violation. Some of them now include disclaimers that say, "This account has not been reviewed by an attorney at this time." It's definitely a good one to watch for, though.

There is also a catch 222 from the Supreme Court
Remember, Rule 222 refers to the Illinois Supreme Court, so it only applies in Illinois. And any UCC requests are best sent CMRRR directly to the JDB and not their lawyer or the CA collecting for them.
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