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Possible volations from LVNV - class action for litigation?


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Legal minds - question for thought please.

In the Credit section on this board there is a thread regarding JD CA LVNV. A few of us recently realized that some of their sister companies sent notices at the same time on the same debt originating from Sears. In my case I had Merchants Credit Guide Co. and Nelson, Watson & Assoc. asking for the same debt using the same Pinnacle Credit Services internal account number on the tops of their notices. Since my debts are years past the SOL here in Colorado, I sent them a C&D. I did this not realizing they both were from Pinnacle/LVNV. This is true of others here on the board noticing the same problem.

Our question to you all: is there a possible case against LVNV and subsideraries since the same company asked for the same debt at the same time? I'm sure this is in direct violation of the federal act, and I do know it does violate the CO legislation. Also, if one has served a C&D and lists the major corporation and subsideraries, if they try under another company name to collect again, is this grounds for complaints/litiagation?

Thanks!

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First, just because a debt is SOL, does not mean it is uncollectable (except in WI and MI). They can still sue, and if you don't show up or the court doesn't agree its SOL, they can still win.

And, even if you do send them a C & D, it doesn't mean they are legally bound to go away. It only serves to alert them that you know your rights, and they might want to give up trying to collect. Doesn't mean they have to.

And, it not unusual for even OCs to have multiple CAs trying to collect the same debt. Its a contest to see who can scare the consumer enough to cough up money. So...having mulitple CA divisions of a JDB trying to collect the same debt is probably not illegal.

The only way you could sue these people is if the debt is beyond the 7-1/2 year reporting period, and they place it one or more times on your credit reports.

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Thanks for the note. Makes sense. I have not pulled my report this year but so far no reports or re-reports. Could be because my debt has gone several years past the 6 yr SOL in Colorado. It's also my understanding that once my kind of debt has been charged off and gone past the SOL, I can't be sued in this state unless it's back on the CR.

Since I never talk to CAs and only send them C&Ds this could be part of the the reason they pass the buck to the next JDCA. I use to work for an atty so I also site case law in all my C&Ds to intimidate. No fuel for the fire. The tactics of JDCs amaze me.

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