Bodhi Posted December 2, 2007 Report Share Posted December 2, 2007 I have been really digging up laws for suing a particular CA, and I came upon something that I thought would really be good to use against the SOB's that mail you dunning letter's for accounts which are beyond the SOL or that they have manipulated to make stay on your CR.Mail Fraud - 2) for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan.That alone is punishable by up to twenty years in prison. I really feel that by changing an account to reflect it is not in SOL, and also manipulating your CR to collect money is definitely fraudulent pretenses. When they use the mail, they break a law.I am going to talk to my local post master tomorrow about it, and let you know what I come up with. Link to comment Share on other sites More sharing options...
myscoresawful Posted December 2, 2007 Report Share Posted December 2, 2007 I have been really digging up laws for suing a particular CA, and I came upon something that I thought would really be good to use against the SOB's that mail you dunning letter's for accounts which are beyond the SOL or that they have manipulated to make stay on your CR.Mail Fraud - 2) for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan.That alone is punishable by up to twenty years in prison. I really feel that by changing an account to reflect it is not in SOL, and also manipulating your CR to collect money is definitely fraudulent pretenses. When they use the mail, they break a law.I am going to talk to my local post master tomorrow about it, and let you know what I come up with.Interesting....how ever, they really aren't breaking a law by sending you collection letters after the SOL has expired, even after the 7 years to report, so it probably doesn't fit under mail fraud. I have never seen in any codes that they have to stop sending you collection letters in either case, (though someone here may have better insight on that than me). They usually don't send them after the 7 year period to report, because they know it's a waste of paper and postage, they can't do anything else on simple collection accounts (unpaid judgements are another story).again, please understand, a debt that is past SOL simply means that they have waited too late to be awarded any money for the debt in court. it doesn't mean they can't keep trying to contact you and get the money on their own or report it on your credit report.Even if you have a debt on your CR that is over 7 years old due to them reaging the DOLP, and they send you a collections letter, it would be difficult to prove it intentional mail fraud.but I like your way of thinking, we're ALWAYS looking for new loop holes here to fight back against their under handed ways! Link to comment Share on other sites More sharing options...
flycouture Posted December 2, 2007 Report Share Posted December 2, 2007 I think it could be mail frayd if they change info and take you to court. One would have to proof that they changed it and maled it to you. But I too have spoke with the postmaster in regards to ca's and mail fraud and it's pretty cut and dry. no falsifying to obtain money Link to comment Share on other sites More sharing options...
Bodhi Posted December 2, 2007 Author Report Share Posted December 2, 2007 Bottom line is that changing the DOLD is fraud. Using the US Postal service to send me a letter stating I owe money on something and placing it on my CR is further acts of fraud. They used the US Postal service to collect on something that is represented under fraudulent pretenses.I bet there is definitely an issue here that is worth exploring. Link to comment Share on other sites More sharing options...
willingtocope Posted December 2, 2007 Report Share Posted December 2, 2007 And, if you happen to live in WI or MO, instead of in bliss, there's also the statue of repose. If the debt is completely uncollectable, that also a real violation of the FDCPA. Link to comment Share on other sites More sharing options...
Bodhi Posted December 3, 2007 Author Report Share Posted December 3, 2007 And, if you happen to live in WI or MO, instead of in bliss, there's also the statue of repose. If the debt is completely uncollectable, that also a real violation of the FDCPA.I live in CO Willing. Can not find the statute of repose here. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted December 4, 2007 Report Share Posted December 4, 2007 Maybe mail fraud would apply if the CA was a Congressman Link to comment Share on other sites More sharing options...
merkurfan Posted December 4, 2007 Report Share Posted December 4, 2007 And, if you happen to live in WI or MO, instead of in bliss, there's also the statue of repose. If the debt is completely uncollectable, that also a real violation of the FDCPA.I thought it was Wisconsin and Mississippi... Link to comment Share on other sites More sharing options...
merkurfan Posted December 4, 2007 Report Share Posted December 4, 2007 I live in CO Willing. Can not find the statute of repose here.There are only 2 states that have it. WI for sure, and I think it's Mississippi.. Once the SOL has pasted on a debt it's dead, noncollectable and the CA/OC must stop trying to collect and remove from your reports. Link to comment Share on other sites More sharing options...
bubbaboo Posted December 4, 2007 Report Share Posted December 4, 2007 I used to work for a state government agency that investigated complex fraud cases against bad guys and then worked with the prosecutors to get them prosecuted. Many times we worked with various federal agencies. My experience is that most federal investigative agencies want a case involving at least $5 million before they will even start to look at it. It has been a long time since I worked with postal inspectors so I don't know their limits. But, even if you can get them to look at it, they would have to get the US attorney to prosecute it, and the last time I dealt with them, they were looking for something with the $5 million limit before they would even look at it.I am just giving you the practical implications of what you are proposing based on my experience. Your idea is great but I don't think it would work. Link to comment Share on other sites More sharing options...
Bodhi Posted December 4, 2007 Author Report Share Posted December 4, 2007 Actually I have a follow up on this.bubbaboo is correct in one thing, but I actually spoke to a postmaster at the post office today. She at first did not seem too interested in the case I had, but I did get her to say that after her review it did look like a form of mail fraud, but as mentioned, it was such a small issue, that they could not spare resources to pursue it. Well, I countered with the issue that the CA's are not just doing this to one person, but to tens of thousands. That perked up her interest. I am going to meet with another person from the post office next week, to see if there is anything that can be done! Cross your fingers, this could get very interested. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted December 4, 2007 Report Share Posted December 4, 2007 Good luck! That could get interesting indeed...like a class-action...hmm Link to comment Share on other sites More sharing options...
Frank Posted January 2, 2008 Report Share Posted January 2, 2008 Can you sue a law firm for Mail fraud? I know the FTC can. Give me an idea to call Lisa Madigans office with the idea. She loves stuff like this. Link to comment Share on other sites More sharing options...
flacorps Posted January 2, 2008 Report Share Posted January 2, 2008 Keep in mind that there is more or less concurrent jurisdiction for this kind of thing over at the FTC ... and the FTC did indeed shut down CAMCO a few Christmases back and the FTC also put NCO on "double secret probation" and charged them a huge fine. Link to comment Share on other sites More sharing options...
Frank Posted January 3, 2008 Report Share Posted January 3, 2008 I wonder if everyone sent a copy of an FTC complaint which included an allegation of mail fraud whether or not that make get them to start up another NCO like crusade. I am thinking about sending the lead attorney of this firm (freedman anselmo)(read my other thread) an FTC& ILL bar ethics and a few other agency complaints directly to his private fax number which I found on a pro-creditor club website. Any other ideas like this? Since I know I cant lose as long as I show up why not have some fun? Should I do this? Certainly thinking about it... Link to comment Share on other sites More sharing options...
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