curtis825 Posted March 23, 2009 Report Share Posted March 23, 2009 My neighbor recently brought me a letter from a "law offices of" CA trying to collect for another CA on a debt a about 2 years old.I once lived in my neighbors house 20+ years ago.I guess I should DV them with my current address,my neighbor "inadvertently" open the letter. Does this count as disclosing info to a third party violation ? I have NEVER received or heard anything from the CA that is being represented, I'm guessing they've never had my right address.what steps should I take ? Link to comment Share on other sites More sharing options...
jezter6 Posted March 23, 2009 Report Share Posted March 23, 2009 How would your neighbor opening your mail count as a violation of the CA? Link to comment Share on other sites More sharing options...
curtis825 Posted March 23, 2009 Author Report Share Posted March 23, 2009 Because they sent very serious,"sensitive" info to the wrong address,they probably opened it without paying any real attention as to whom it was addressed to.They opened it by mistake, it should have gone to the right location, I mean, come on they're wanting to sue me,they should have their stuff together.The only way I found out this letter and possible suit WAS the third party.....something just doesn't sound right there. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted March 23, 2009 Report Share Posted March 23, 2009 The FDCPA (Section 805) expressly prohibits a collector (that would include an attorney acting as or who would be considered to be a collector) form communicating with anyone other than the consumer, the consumer’s attorney without the consumer’s express consent or permission given by the court.If the collection agency/Attorney knew your correct current address before they sent the letter (to what turned out to be) your neighbor and you can prove that they knew, then you might have a violation. Being able to show they knew would be if you can prove that you’ve kept your creditor advised of your current address and/or you credit reports contain your current address and you know your creditor/CA/Attorney accessed your reports prior to sending the correspondence, etc.Note; there is an expectation on the consumer that he/she will take reasonable steps to keep his/her creditors informed of the consumer's address...when the consumer doesn't do that, it weakens a case in a situation like the one you are in.If they truly didn’t know your current address and if this former address is the address associated with the debt and you’ve done nothing to update it then they were sending correspondence to what they had good reason to believe was your current address…let’s also not forget that your neighbor violated the law by opening a letter not addressed to him and while that may well be an honest mistake; it’s not the fault of the CA if someone other than you opens mail addressed to you and not to them.Bottom line is, I would say that even if you have a technical violation here (and I don’t think you do), I find it extremely doubtful that any judge in any court would care.Frankly, getting any court/judge to care about one violation (if that’s all there is) is pretty difficult…to be successful in court, it’s far better to establish a pattern of willful violations and unless you are going to sue and/or are willing to sue or are being sued, violations are somewhat a moot point anyway.Rather than concentrating on violations, real or imagined, I’d suggest you concentrate on dealing with the debt by starting the DV process and putting the debt behind you. Link to comment Share on other sites More sharing options...
retmar Posted March 23, 2009 Report Share Posted March 23, 2009 Robert's right. It isn't worth it.If this alleged claim is from that period of your life, it is most likely SOL, thus, no legal recourse available. At top of this page, click on the "Statute of Limitations", scroll to your state, and read. If true, all you need to do is send a C&D letter by CMRR to the CA telling them to close, delete, and go eat Maggot Droppings. If you were under 18 at that time, state so in the letter.If this alleged claim is within the SOL, and you have proof the OC had your current address, then, you could use this to offset the amount due, but, again, know that they could easily state it was a "system" failure. By this, you would not go off on them directly, just make mention, at how embarassing it was, blah, blah. Therefore, as an offer of settlement, you'll pay 1/3 of balance claimed as long as they prove validity of claim. Wait for a response and go from there. Let us know. Link to comment Share on other sites More sharing options...
curtis825 Posted March 23, 2009 Author Report Share Posted March 23, 2009 Its within SOL,and the debt is 2 to 3 year old charge off, but I haven't lived at that address in 20+ years.I guessing they bought the debt and have no other info, and thats the only address they could find, odd.I think they honestly thought I lived there,high school level skip traceing maybe.I doubt they have validation but I'll DV them and let all know what happens,and if we go to court,well then.....its on!! ""And at the end of the day, I know that I actually WORK for a living" Thanks everyone Link to comment Share on other sites More sharing options...
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