WorriedInKC Posted January 31, 2008 Report Share Posted January 31, 2008 Scummy local law firm sent threatening letter, I responded with a validation letter that was certified with return receipt.They signed for it on December 6.I got return receipt on December 7th with their signature and dated December 6.Over the next 12 days they contacted me 4 times to collect on debt without acknowledging my validation request.I wrote 2nd letter saying they have violated FDCPA by trying to collect while not responding to my validation.Law firm responds and says 'we received the letter on the 6th but it was not processed and given to the correct department until December 20th.'.Now my question is....can they really get around the law by claiming that my letter was shuffled around internally? (NOTE: this is a very small law firm with only one office and there is no way it could have taken two weeks for the letter to find its way to the right hands!) Link to comment Share on other sites More sharing options...
WorriedInKC Posted January 31, 2008 Author Report Share Posted January 31, 2008 And for what it is worth, this is the section of the FDCPA that I quoted:( If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. "if the consumer notifies the debt collector"....NOW....I think any reasonable interpretation of this law is that if an employee signs off on a communication that I have sent them, that is notification. Link to comment Share on other sites More sharing options...
flacorps Posted January 31, 2008 Report Share Posted January 31, 2008 "Your office's failure to have adequate internal mail routing procedures is none of my concern. Your failure to suspend collection efforts in violation of the FDCPA is my vital concern. A validation letter is a very specific communication with immediate legal consequences and any law firm doing collections work is charged with knowing how to properly handle one upon receipt. The federal statute does not give your firm the option of shuffling it to the bottom of a pile or routing it to an intern. I'm sure your firm intends to represent its clients' interests zealously. I'm doing no less." Link to comment Share on other sites More sharing options...
foreclosureparalegal Posted January 31, 2008 Report Share Posted January 31, 2008 to see if it's "law firm" in good standing -- or licensed in YOUR state? Link to comment Share on other sites More sharing options...
Moneedshelp Posted January 31, 2008 Report Share Posted January 31, 2008 Once someone with the company signs they have it. they better tighten up their procedures. Go forward with your response. Have they stopped calling yet? Link to comment Share on other sites More sharing options...
WorriedInKC Posted January 31, 2008 Author Report Share Posted January 31, 2008 to see if it's "law firm" in good standing -- or licensed in YOUR state?I went to the Kansas Bar Association's website but I don't see anything like a directory there. Link to comment Share on other sites More sharing options...
WorriedInKC Posted January 31, 2008 Author Report Share Posted January 31, 2008 Once someone with the company signs they have it. they better tighten up their procedures. Go forward with your response. Have they stopped calling yet?Yep, they haven't tried to call me since the middle of last month. They're a year past SOL, so I'm not worried about them to be honest. I just wanted to scare them enough so they'd stop trying to collect on this ancient junk debt. Link to comment Share on other sites More sharing options...
Leadhead Posted January 31, 2008 Report Share Posted January 31, 2008 You could try suing them but they'd probably claim bona fide error and they'd win.If this thing's past the SOL, send another letter telling them so and to never contact you again. If they do, you then file suit and collect a grand. Link to comment Share on other sites More sharing options...
debtorshusband Posted January 31, 2008 Report Share Posted January 31, 2008 "Your office's failure to have adequate internal mail routing procedures is none of my concern. Your failure to suspend collection efforts in violation of the FDCPA is my vital concern. A validation letter is a very specific communication with immediate legal consequences and any law firm doing collections work is charged with knowing how to properly handle one upon receipt. The federal statute does not give your firm the option of shuffling it to the bottom of a pile or routing it to an intern. I'm sure your firm intends to represent its clients' interests zealously. I'm doing no less."I love this response, it's on the nose.But, as leadhead says, if the SOL has expired, don't bother with a DV letter; tell them not to contact you anymore (C&D).DH Link to comment Share on other sites More sharing options...
1time2many Posted January 31, 2008 Report Share Posted January 31, 2008 Since it is out of SOL, you might want to have some fun with it and send a ITS letter to them along with what flatcorps posted and see if you could get a few buck's out of them. Link to comment Share on other sites More sharing options...
WorriedInKC Posted January 31, 2008 Author Report Share Posted January 31, 2008 Well, I don't want any money out of them, I just want them to go away. I am not sure how easy it is to prove that a credit card is an Open credit line rather than written contract in the state of Kansas, so I don't want to push my luck. Link to comment Share on other sites More sharing options...
Recommended Posts