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kutuzov

Easy question

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On a few days my wife got to go to court again. The case will most likely get dissmised for SOL. Because of choice of law of Delaware, and the case laws for that in Florida. Big question, if it gets dissmis can she sue them back for sueing on a known time barred debt? If so under what statutes?

I tried to read the statues etc., but I'm still not clear on this one.

Is the OC sueing not a JDB.

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Yes, I've done it (not the choice of law, but on sued for them suing on a time barred debt). You can us the misrepresenting the legal status of the debt. I threw in a lot of other claims, but that will get it done. FYI U.S. Supreme Court has ruled 7-2, an error in interperting the law is not a bona fide error.

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OPPS sorry just say an OC not a junk debt buyer. Might have a state law violation, but no FDCPA violation. Sorry, jumped the gun.

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That's the problem if it was a JDB I know for sure you can but beeing an OC I'm not sure and didn't find specific info.

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Sorry, know of none off the top of my head, espicially if you are using the choice of law. I would think if any statute was not strict liability you would not convince a judge of a violation, but you never know.

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I am not sure on this, does anyone have any input on if you could sue the OC's attorney for bringing the SOL suit. Assuming they are a debt collection attorney.

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They are representing the OC, so no you couldn't you got to sue the OC, is my same problem only different states.

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If the law firm representing the OC is a "debt collection firm" then they filed the law suit as a debt collector and for the purpose of collecting the debt and violated in the process by filing suit on a time barred debt.

I kind of think it is the same thing as CA attempting to collect a debt for an OC and committing a violation in the process, you can sue the CA but not the OC. My wife is actually getting to do this right now, her attorney is writing the complaint.

I am not 100% sure, I think it is, but would like to know if anyone else thinks so or if I am overlooking something.

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I thought you couldn't, since the CA was representing the OC If you can better. My CA is not licenced as JDB just as attorney.

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Yes, you can sue the attorney, so long as they regularly collect debts due or asserted due another. You can sue the law firm and you should be able to sue the attorney personally. Collection law firms need to be slapped around. A lot.

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So I could not sue the OC, but I can sue the law firm. All I needed!! I'm gonna play this joker to my best when time comes. The deal is my wife is not very eager to go in front of the judge even with all my advice and telling her, he's just another person not the devil, he should be neutral and you got the law on your side. Anyway I can participate on the settlement conference and I'll play this card. If they don't dissmis with perjury I'll hire an attorney make them pay my attorney fees, plus the 1000. The attroney that I contacted wanted 750 to take care of everything so if I get the 750 back plus 1000 won't be bad. Let's see if they dissmis with perjury or want to pay my wife some money. THANKS!

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I thought you couldn't, since the CA was representing the OC If you can better. My CA is not licenced as JDB just as attorney.

I don't know that a collection law firm has to be licensced as a collection agency. I couldn't find anything for Florida but it appears that in North Carolina collection agencies are required to be licensed but attorney's who collect debts do not, so it is possible that they don't have to be licensed as a collection agency.

My thinking is that if the law firm is a "debt collector" as defined by the FDCPA (most of them that file these law suits are) then they have a responsibility to know what they are filing. They also get paid off of what they collect so they are filling to collect the debt. People sue "collection law firms" for FDCPA violations. You may want to research your specific situation though to see if would be considered a violation by the law firm and how strong that argument would be.

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So I could not sue the OC, but I can sue the law firm. All I needed!! I'm gonna play this joker to my best when time comes. The deal is my wife is not very eager to go in front of the judge even with all my advice and telling her, he's just another person not the devil, he should be neutral and you got the law on your side. Anyway I can participate on the settlement conference and I'll play this card. If they don't dissmis with perjury I'll hire an attorney make them pay my attorney fees, plus the 1000. The attroney that I contacted wanted 750 to take care of everything so if I get the 750 back plus 1000 won't be bad. Let's see if they dissmis with perjury or want to pay my wife some money. THANKS!

If you can get it dismissed on the SOL without an attorney then you should be able to get an attorney to take the FDCPA case on contigency and you wouldn't pay anything out of pocket.

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Florida Debt Collection Attorney Recovery - Law Firm - Hodges, Avrutis & Foeller, P.A.

This are the "bad" guys, i check if they where licenced as debt collectors, they are not, they are only licenced as attorneys. But they clearly just do debt collection, so I think it matches the description in your post. It's enough to scare them and get the case dissmised with perjury without seeing the judge. If my wife goes into court and dosen't get the case dissmised, the judge will do a hearing on a motion to dissmis my wife filed, and for that I'll have to hire an attorney I prefer to spend the 750 than having my wife have a heart attack, but knowing that I could get the money back is enough for me to do it.

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Yes, I agree but is not me in the court is my wife and as I said before she is not wager to go and speak with the judge, so I prefer them to dissmis with perjury before that. If they don't and she somehow manages to get it dissmis without a new hearing better, but if not I'll have to, or I'll have to find a new wify (I guess the second option is not too bad anyway ... will reconsider :) )

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FYI, it's dismissed with prejudice. Perjury is the crime of knowingly telling falsehoods whilest under oath.

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The atty is fair game (assuming he meets the definition of a debt collector, not a collection agency). The OC is off the hook unless there are state law violations. PC1978 is correct in post 13 about the atty having a duty to know what they are doing. As I posted earlier, the U.S. Supreme Court has also said that in a 7-2 decision. Not a bad ruling to have backing you.

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I know I got a slight dilexia I could confuse words, or write them backwards (specially in handwritting), but yes I know the difference. Thanks anyway for the detail.

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