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Their coming to take me away, ha ha. Or maybe a wishful fantasy.


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The first part of this is my original starting thread.

 

*************************************************

More will be following on this.

 

I am not going to post the OC out here in the open.

 

I will reveal if you have a need to know to those who I recognize your user name

 

I got my first phone call earlier today from a person who asked for me

by name. (My first since 2010 from anyone)

 

I said it was me and this person very calmly said

 

I am calling from so and so law firm regarding an unpaid OC card.

 

I could not reply to say to  send it to me in the mail as I was not alone and I just hung up the phone.

 

I was able to ID the call from caller ID and I did find it amusing that in their website

they state that all of their employees undergo ongoing FDCPA training.

 

Hmmm, Don't they think that just by stating they are calling from a Law Firm seems threatening to

someone when it is attached to the statement calling about an unpain OC debt?

 

Anyway..... in the process of getting my hardcopies of the credit reports to Dispute, once again.

 

There is a valid dispute as this OC did attempt to reage this account on there.

 

In addition.... the legitimate SOL running out is 11 weeks from now.

 

Just pondering if I should call and tell them to send it in writing. He may have been a little

miffed in my hanging up and I want to stretch this as long as possible.

 

Ideas?

 

I will keep this updated as things progress.

*************************************************

I, as is my general habit to procrastinate things, and out of not wanting to stir the pot before I was reasonably certain it had become time barred did absolutely nothing with this.

 

AS  OF 4-30-2013 there is no doubt in my mind that this account has become time barred.

Using my own state laws of 4 years.

 

The fact that they posted on the credit reports that there was a last payment made in Oct. 2009

would be something they would need to prove because my own bank statements show absolutely nothing paid after August  of 2008 and the management company, that I was using at the time,

who was put out of business by the banks, sent me an affidavit swearing under perjury and federal laws that the absolute last payment date that could have been was before 3-09-09.

 

Now... I got a 2nd phone message on my machine on 5-28-2013.

 

This is exactly what was said...

 

" The Name is XXXX XXXXXX, I’m with the XXXXXX Law Firm.

A message for XXXX XXXXXX.
XXXX please return the call to our law firm here at
800- XXX- XXXX  "
 
_________________________
 
So..... am now wanting to send the following to him.

 

May 31, 2013

 

XXXX XXXXXX

XXXXXX  Law Office
1234  XXXXX  XXX  XXXX, Suite 567
XXXX XXXXXX, XX  76543

 

RE: Phone Number 000-000-0000

Dear Mr. XXXXXX

 

This letter is response to your phone calls that started on 3-11-2013, and of 5-28-2013 concerning the above referenced phone number.

 

This account is fully disputed.

 

I have checked with my state Attorney General and confirmed that the statute of limitations on this type of debt has expired.

 

I refuse to pay this alleged account

 

Therefore, if you choose to pursue this matter in court, I will be forced to show proof that the statute of limitations has expired.

 

In addition I do have claims on this alleged account that I will file either as counterclaims or a stand alone suit in Federal court if I need to.

 

Let this letter serve as notification that I do not wish to be contacted about this debt any further except to be notified that future collection efforts are terminated. Any other communication regarding this debt will be taken as a violation of the Fair Debt Collection Practices Act.

 

Sincerely,
 

Me

                                                                                                                                                  Signature deliberately withheld.

 

Address

 

_________________________________

 

OPINIONS?

 

Thanks everyone

 

 

 

 

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Since it is a law firm and SOL is so close they may not call back if they are contemplating suit at this time. If you can delay them they might just run out of time. One option is to call back with a recorder running if your state allows. Tell them there were third parties present and you want to know what they want. Then tell them you dispute the debt and want something in writing. This is going to invoke the requirement for a letter within the 5 days giving you the standard disclaimer.

 

More than likely they will screw up in some way during this call and violate the FDCPA. If they are collecting for an OC, you would have to use the violations in a separate case. However it is not uncommon for a JDB or JDB law firm to identify the OC as where the debt originated from during first contact and not necessarily who owns it.

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Since it is a law firm and SOL is so close they may not call back if they are contemplating suit at this time. If you can delay them they might just run out of time. One option is to call back with a recorder running if your state allows. Tell them there were third parties present and you want to know what they want. Then tell them you dispute the debt and want something in writing. This is going to invoke the requirement for a letter within the 5 days giving you the standard disclaimer.

 

More than likely they will screw up in some way during this call and violate the FDCPA. If they are collecting for an OC, you would have to use the violations in a separate case. However it is not uncommon for a JDB or JDB law firm to identify the OC as where the debt originated from during first contact and not necessarily who owns it.

I have ordered the hard copies of my credit reports.

 

The OC did deliberately try to reage this account by several months back in 2009 but due to the amount that is on the alleged account I was trying to hold off disputing that until I am certain to be beyond when anyone could have made a payment

so as to not stirl the pot, as it were.

 

Now I will as I certainly do not want them claiming that date.

 

In the meantime, I will call the attorney and say what you said.

 

If I DV closer to the end of the 30 days it will eat up half the time by the timeI get it in writing and then send mine off....

 

I am slightly concerned because this OC, ( as of this past fall they still owned the alleged account),has a contract SOL longer then that in my state.

 

There is law here that that states that "The period of limitation applicable to a claim accruing outside this state shall be either that provided or prescribed by the law of the place where the claim accrued or by the law of this state, whichever first bars the claim."

Therefore that should keep it right here.

 

This is good news if I can be certain to extend things, if I cannot I have always been a big proponent for

private arbitration, but that would put me into their SOL.

 

As to recording a call I cannot. This is a 2 party state.

 

Thank you both for your suggestions.

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Call them and apologize for hanging up on them(you had friends over) and tell them you need ten days to go to your parents house and search for records and you will get back to them.Tell them you need a little time to investigate this matter.You may be the victim of identity theft.If so you would need to do a few things and will get back to them and thank them for bringing this matter to your attention.Might buy some time.

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If it is from a debt collector and they say they are recording the call, you can record it too. Calling from a law firm and saying what they said does not sould like a violation of the FDCPA. The language is clear, they must thraten action which they are unable to take or very unlikely to take based upon their history. As for the SOL, we have no clue as to how to help you unless we know where you are, who the OC is, and what the dates involved are, altho you have quoted a PA statute except it says commonwealth, not state.

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"The period of limitation applicable to a claim accruing outside this state shall be either that provided or prescribed by the law of the place where the claim accrued or by the law of this state, whichever first bars the claim.

 

Your state's SOL should apply.  They won't be able to claim the SOL of the contract state.

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Check the specifics of the recording statute. As an example I know that in Washington (where I used to live) you were allowed to record if you believed that the other party would do or threaten something contrary to law. An FDCPA violation would be contrary to law. Also some states that are two party have determined that if you do not release the recording to third parties, you are clear to record. Finally you may find when you call that they have the standard notice "This call may be recorded for quality purposes", if you stay on the phone, you consent. Consent then runs both directions.

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OK, I did call the attorney.

 

Question before I post what was said. Does an email constitue it being put in wrtiting?

 

The following is exactly what was said.

 

I called the attorney at 2:45 ish PM and he had me right on his desk.

 

He answered the phone so either he is a one person operation or it was his

direct line.

 

I needed no account number or social, just my name and he read off the

alleged account  name and alleged amount.

 

There also was no mini Miranda, but I had called him.

 

There also was no mention that the call was being recorded.

 

He started again about saying this was regarding a card that had a balance of

(  somewhere just south of 30K)

 

I told him to stop right there because this  was in full dispute and I will not discuss

finances on the phone and he needed to put it in writing.  He seemed to be put a little

aback and  asked me if  I wanted to discuss it.

 

I said again I will not talk finances on the phone, he needed to put it in writing.

 

He pushed again to talk about it and I said again I would not discuss finances

on the phone and he had to put it in writing.

 

He said he could tell I was upset, but that his lawfirm had been retained to collect this,

and if I had someone handling this for me could he talk to them? (This office is 5 states

away and 1000 miles)

 

And I said again I will not talk finances on the phone, to put it in writing.

 

He wanted to know if an email would do. I paused and finally gave him my email.

 

He said he would email and then asked if we then cpould talk?

 

I said I don't know, we will see.

 

So, once I receive that email... I will let you all know.

 

Bruno, SD should tell you who, and why I am wanting to be cautious.  When one wants to be cautious it

is nce to not push for too much in the open at this point when one is trying to stretch the time.

As to cited law.... using state is more appropiate here as there are only 4 commonealths in the

US. Just a tad harder to pin point.

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Call them and apologize for hanging up on them(you had friends over) and tell them you need ten days to go to your parents house and search for records and you will get back to them.Tell them you need a little time to investigate this matter.You may be the victim of identity theft.If so you would need to do a few things and will get back to them and thank them for bringing this matter to your attention.Might buy some time.

Thanks Racecar,

 

I have been known to do odd things and this fits with that... might work it into a DV request, or not.

 

Anyway... now I see if I get an email or something in 5 days.

 

The attorney website definitely says they are a debt collection and litigation law firm so they definitely are FDCPA liable.

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I would have said I don't have email, to send it via usps. That WAY you could get another ten days or so of time as it would have taken him five days or more to write and send it and, the same for you. Not the way I would have done it. I would have wanted the extra time. Better check your spam blocker just in case.....

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I would have said I don't have email, to send it via usps. That WAY you could get another ten days or so of time as it would have taken him five days or more to write and send it and, the same for you. Not the way I would have done it. I would have wanted the extra time. Better check your spam blocker just in case.....

Yep, your are correct. But he caught me totally off gurad with that one mostly because he

was rather talking kind of clueless.

 

Anyway, thanks for the memory jog to check my spam... as yet there is nothing.

 

So, hopefully he will use snail mail after putting some thought into his request.

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No mini miranda when they called you is an automatic violation.   Just because you call them does not mean they don't have to mini miranda.   You are just returning a call, you don't know it's a debt collector and that's what the mini miranda is for.   You have two violations right there.

 

Yes, it will be your word against theirs but if you can get other solid violations those make for good throw in violations.   It's prima facie evidence just your allegation that there was no mini miranda.   If they say there was then that means there needs to be a trial.   You see where I'm going with this.   It could get very time consuming to prove or disprove a he said she said.  

 

Remember you can't be hit with fees unless you sue in bad faith.    Not just if you lose but it has to be brought in bad faith.   Just not being able to meet your burden does not mean in bad faith. 

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If you have violations, then one way to likely to stop any potential suit in its tracks is to file suit against the law firm. He is very unlikely to move forward with any other suit and the time for him to return the case to the OC, them to find another attorney and him to engage in filing a suit would likely be past the SOL if it is 11 weeks. He would be unable to counter claim since OC would not be a party to the FDCPA suit,

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If you have violations, then one way to likely to stop any potential suit in its tracks is to file suit against the law firm. He is very unlikely to move forward with any other suit and the time for him to return the case to the OC, them to find another attorney and him to engage in filing a suit would likely be past the SOL if it is 11 weeks. He would be unable to counter claim since OC would not be a party to the FDCPA suit,

Interesting idea.

 

However this specific law firm , from what I have found  out, is not in my state so they cannot sue me anyway.

 

On their web site they clim to refer to and in state frim if they cannot handle the suits themselves.

 

Now an update...

 

I did get an email from him this AM.

 

A very odd one.

_______________

Good morning XXXXXXXX, we spoke yesterday in regards to the XXXXXXX account. Could you please let me know what your plans are.

 

Sincerely,
 
XXXXX  XXXXX
 
XXXXXX   XXXXXX
Senior Legal Assistant

XXXXXX Law Office

XXXXXX XXXXXX XXXXXXX XXXXXX, XXXXX XXX

XXXXX XXXXX XX XXXXXX

Local. XXX-XXX-XXXX  Fax. XXX-XXX-XXXX

Toll-Free. XXX-XXX-XXXX

This communication is from the XXXXXX Law Office. This is an attempt to collect a debt and any information obtained will be used for that purpose.

_________________________________________________

 

Certainly not a dunning and I almost feel sorry for the guy, (not) and almost feel

it is my civic duty to help him out with what he is supposed to be doing .... :ROFLMAO2: ... except for the fact that he

might be just like a fox circling the chicken coop.

 

Well, guess I wait until we see if they dunn me or not, and then will need to figure when I should DV.

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Well, one thing is for sure, it will be your SOL you want, not South Dakota's.

Yes Sir... You are correct.

 

That eliminates arbitration because I could not skirt their state for choice of law on that....  unless I was

certain to have solid claims. At this point there is a potential of FCRA on the OC only, plus this Mickey Mouse

 FDCPA stuff on the CA.... Not enough at this point.

 

But I guess I would at least elect arb in the DV......?

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Good morning XXXXXXXX, we spoke yesterday in regards to the XXXXXXX account. Could you please let me know what your plans are.

 

Sincerely,
 
XXXXX  XXXXX
 
XXXXXX   XXXXXX
Senior Legal Assistant
Kick your a$$ all over the courtroom if you are dumb enough to actually think you can beat me at trial.
 
Sincerely,
 
Donqlll
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My reply:

 

"I plan on filing an FDCPA suit this afternoon. That means your firm will be invited to explain to the federal judge why your firm violated. That is my plan. I also plan on filing a complaint with the state bar and AG since it appears that your firm is attempting to practice law in my state without being admitted to practice.

 

My plan can change if you offer me $1,000 as liquidated statutory damages. This offer expires once I file my suit.

 

Have a nice day!!!   :) "

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My reply:

 

"I plan on filing an FDCPA suit this afternoon. That means your firm will be invited to explain to the federal judge why your firm violated. That is my plan. I also plan on filing a complaint with the state bar and AG since it appears that your firm is attempting to practice law in my state without being admitted to practice.

 

My plan can change if you offer me $1,000 as liquidated statutory damages. This offer expires once I file my suit.

 

Have a nice day!!!   :-) "

I'd add just one thing after have a nice day............ :<img src=:'>

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I also plan on filing a complaint with the state bar and AG since it appears that your firm is attempting to practice law in my state without being admitted to practice.

 

Sending a letter or making a phone call is not practicing law.  If they decided to sue, however, they'd have to get an attorney who's licensed to practice in AZ.

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