bobbiest Posted November 15, 2008 Author Report Share Posted November 15, 2008 These jokers appear to be ripe for a lawsuit. I think you would be well served to consult an attorney (find one through www.naca.net). Tell them your story and he/she can tell you if you have a good case against them.Good luck.DH Link to comment Share on other sites More sharing options...
legal_loansharking Posted November 16, 2008 Report Share Posted November 16, 2008 Seriously, since you are in DE and Simm Assoc is in DE. Talk to you attorney about getting the collector arrested for terroristic threats, it can only enhance you case against them. Especially when the collector is convicted or pleads guilty. Link to comment Share on other sites More sharing options...
BTO429 Posted November 17, 2008 Report Share Posted November 17, 2008 First of all did they tell you that the phone call was an attempt to collect a debt? if not violation.second the fdcpa has specific regulations about communicating a debt to a third party. In other words they can't call who ever they want and tell them you owe them money.The FDCPA also has regs about thrats, and threating to do something that they legally can not do.And they do not have a lien unless a judge has said so. If it was that easy to put a lien on your home everyone that owes money would have a lien against them.Can we say LAWSUIT I wouldn't hesitate. Link to comment Share on other sites More sharing options...
bobbiest Posted November 17, 2008 Author Report Share Posted November 17, 2008 First of all did they tell you that the phone call was an attempt to collect a debt? if not violation.second the fdcpa has specific regulations about communicating a debt to a third party. In other words they can't call who ever they want and tell them you owe them money.The FDCPA also has regs about thrats, and threating to do something that they legally can not do.And they do not have a lien unless a judge has said so. If it was that easy to put a lien on your home everyone that owes money would have a lien against them.Can we say LAWSUIT I wouldn't hesitate.Lot of violations and we are not hesitating to sue. We found the attorney off the NACA site and she will be putting suit together. Link to comment Share on other sites More sharing options...
ImNotADeadbeat Posted December 3, 2008 Report Share Posted December 3, 2008 Any update...this is fascinating!! Link to comment Share on other sites More sharing options...
bobbiest Posted December 3, 2008 Author Report Share Posted December 3, 2008 Any update...this is fascinating!!No update yet. Attny still working on case. Link to comment Share on other sites More sharing options...
ImNotADeadbeat Posted December 3, 2008 Report Share Posted December 3, 2008 and go getem! Link to comment Share on other sites More sharing options...
bobbiest Posted December 4, 2008 Author Report Share Posted December 4, 2008 and go getem!Thanks. I think attny said ready to file by Feburary Link to comment Share on other sites More sharing options...
dwill Posted April 14, 2009 Report Share Posted April 14, 2009 Any update - this is interesting - my daughter is having the same problem with this same company. Please share any lessons learned. Link to comment Share on other sites More sharing options...
Magdalen77 Posted April 16, 2009 Report Share Posted April 16, 2009 I have never had a CA say these things before and I think they are scare tactics and just wanted some advise. Last month they told my husband they called our mortgage company about putting a lein on house and that the mortgage company was not very happy. They actually scared him into making a payment. Today they called his work again and talked to someone else employed there and told him that he got a call from the district attorneys office and he needed to call him back asap. These are scare tactics, aren't they? This is on balance after a Voluntary Repo.You're in DE and I think that the lien process works there just as it does in PA. They'd have to have a final judgment against you and then they have to file the judgment or a certified copy of the same along with some other stuff at the county prothonotary's office. I do liens on judgments for my agency and that's how I've been told to do it in at least 5 different counties.If they don't have the judgment and aren't calling you to give you one last chance before they docket a lien with the prothonotary then they're just blowing smoke and they are in violation of the FDCPA. Link to comment Share on other sites More sharing options...
Magdalen77 Posted April 16, 2009 Report Share Posted April 16, 2009 Can they do a wage garnishment without going to court? Or are they still blowing it to us. We are going back and forth if we should try and get attorney or not. All this stress is not helping my fibromyalgia.Check with the laws in your state. If it's anything like PA they can't do wage garnishment for anything except taxes and child support. Link to comment Share on other sites More sharing options...
Magdalen77 Posted April 16, 2009 Report Share Posted April 16, 2009 Oops. I didn't realize this was an older thread. Maybe the OP can update us. Especially if these jokers are harassing others. Link to comment Share on other sites More sharing options...
bobbiest Posted April 17, 2009 Author Report Share Posted April 17, 2009 This case has been on hold for a while as husband retired and didn't have funds for filing fee. We now have funds and attny will be going forward. Attny has said this is a beautiful case. Will update when we get somewhere and yes, we are more determined to go through with this since others are being harrased in same manner. Link to comment Share on other sites More sharing options...
bobbiest Posted April 18, 2009 Author Report Share Posted April 18, 2009 Any update - this is interesting - my daughter is having the same problem with this same company. Please share any lessons learned.I am sorry to hear that somebody else has to deal with these people. Please don't believe anything they tell you as they are really rude and outright liars. Link to comment Share on other sites More sharing options...
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