cjtx Posted July 17, 2007 Report Share Posted July 17, 2007 Can several CAs (legally) attempt to collect on the same debt at the same time?I have a letter from a CA, claiming the debt was owned by someone other than the OC and offering a settlement on behalf of that new owner.At the same time a lawyer was trying to collect on the same debt and 10 days later from the date of the letter above, filed suit on behalf of the OC (not the alleged new owner).I called the alleged new owner and they claim the debt belongs to the OC, they work for them and referred it to the attorney who filed suit.I smell a rat. A big one.Someone is lying.I called the CA and they claim the debt belongs to the new owner.Is it possible the OC sold the debt and then bought it back? In that case, are they supposed to provide a chain of title? Link to comment Share on other sites More sharing options...
IHateCAs Posted July 17, 2007 Report Share Posted July 17, 2007 Technically, yes. An OC could contract with several CAs on a non exclusive basis to collect a debt.I suspect that this is a JDB that hired an attorney to sue. How is the OC named in the complaint? Link to comment Share on other sites More sharing options...
cjtx Posted July 17, 2007 Author Report Share Posted July 17, 2007 I suspect that this is a JDB that hired an attorney to sue. How is the OC named in the complaint?OC is the Plaintiff.and the attorney representing it, is bonded as a debt collector in this state. Link to comment Share on other sites More sharing options...
cjtx Posted July 17, 2007 Author Report Share Posted July 17, 2007 When I call the OC, it transfers me to the alleged new owner. This entity is not even mentioned in the lawsuit!!!! Link to comment Share on other sites More sharing options...
astiman Posted July 17, 2007 Report Share Posted July 17, 2007 Crap One?Or Direct Merchants Bank? Link to comment Share on other sites More sharing options...
cjtx Posted July 17, 2007 Author Report Share Posted July 17, 2007 Crap One?Or Direct Merchants Bank?so it's a common practice? I was aware LVNV and other CAs do it, but somehow I expected more of an OC. Link to comment Share on other sites More sharing options...
IHateCAs Posted July 17, 2007 Report Share Posted July 17, 2007 So the assignee is not mentioned in the suit at all? Now I smell a rat. What state are you in? Link to comment Share on other sites More sharing options...
cjtx Posted July 17, 2007 Author Report Share Posted July 17, 2007 nope, not mentioned at all. I'm in TexasI just called the attorney representing OC and he claims the other company only "manages" the accounts for "OC" but it's not the actual owner.He then asked me "hypothetically" if it were true, what damages did I suffer as a consequence ? Link to comment Share on other sites More sharing options...
swtguy Posted July 17, 2007 Report Share Posted July 17, 2007 nope, not mentioned at all. I'm in TexasI just called the attorney representing OC and he claims the other company only "manages" the accounts for "OC" but it's not the actual owner.He then asked me "hypothetically" if it were true, what damages did I suffer as a consequence ?Tell him that if more than one claims to be the owner of the debt, that he owes $1,000 under the FDCPA and $500 for each violation of the Texas Debt Collection Practices Act (in which case the OC is also liable), plus damages under the Texas Deceptive Trade Practices Act. The FDCPA and TDCPA are strict liability statutes.I'd also tell him that it would be cool to see an attorney serving time for a Class B misdemeanor for something as stupid as negligently collecting a debt. Link to comment Share on other sites More sharing options...
nascar Posted July 17, 2007 Report Share Posted July 17, 2007 Now I smell a rat.yup Link to comment Share on other sites More sharing options...
cjtx Posted July 17, 2007 Author Report Share Posted July 17, 2007 I'd also tell him that it would be cool to see an attorney serving time for a Class B misdemeanor for something as stupid as negligently collecting a debt.I think the lawyer who filed against me has a few fines coming her way. She had to hire another lawyer to defend her/take over. Link to comment Share on other sites More sharing options...
IHateCAs Posted July 17, 2007 Report Share Posted July 17, 2007 Just make sure you get a good lawyer. Since you're in Texas, I recommend you get the lawyer that wears the biggest Cowboy hat. I hear that impresses judges there. Link to comment Share on other sites More sharing options...
cjtx Posted July 17, 2007 Author Report Share Posted July 17, 2007 I can get me a cowboy hat and a new pair of boots.No need for a lawyer... already had their claims against me dismissed and since it's time barred, they can't re-file. All is left is my counterclaims. Link to comment Share on other sites More sharing options...
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