Drake Savory Posted March 21, 2011 Report Share Posted March 21, 2011 The girlfriend has a collector (actually it's the OC) still after her despite having the debt discharged with a Chapter 7. It was a timeshare and it should have been foreclosed or whatever timeshares do. She has sent them copies of the BK paperwork and sent the paperwork to her attorney to deal with but they still keep sending letters. Are their collection attempts violations of the FDCPA and if so, when we take them to court to get them to stop, would it be $1000 everytime they sent a letter? Link to comment Share on other sites More sharing options...
Methuss Posted March 21, 2011 Report Share Posted March 21, 2011 (edited) That depends on what the letters are. If they are payment demands in any form then they are violating the injunction and her BK attorney should be handling it.If they are simply notices of foreclosure, then just ignore them. She has no payment obligation but the foreclosure process does require that the creditor send certain notices.The FDCPA only applies to debt collectors, not original creditors...unless the OC uses a false name to lead the conumer into the belief it is a 3rd party collector or allows a 3rd party collector to use their name in order to lead the ocnsumer into the false belief the letters are from the original creditor... In either of these two cases, the OC looses exemption and is treated as a collector subject to the FDCPA.The statutory amount under the FDCPA is per action (per lawsuit) not per violation. So it is just $1000 even if they do a hundred violations; unless you can prove actual damages, which then you can add on. Edited March 21, 2011 by Methuss Link to comment Share on other sites More sharing options...
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