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Newbie has a question!!


ineedhelp74
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Family member answerd phone last week and took message from Blatt, Hasenmiller Liebsker and moore. From other posts it looks like they might sue me. (?)  I haven't called them back yet and spoke to a human being. I am currently unemployed and recieving U.I. benefits. I know this might not stop them from seeking a judgement. I live in illinois, within the tenth judicial circuit (hope this helps). On the subject of liens, I have a paid off automobile that has a close relative on the title ( co-signer). Would they be able to stick a lien on it? No dunning letter recieved yet. Went to courthouse last weeek.. to see if summons has been filed- no activity. I hope the info provided helps.

Vehicle is 9 years old and has over 200,000 miles on it.

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Here is a guideline of exemptions in Illinois http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=2949

 

According to what I quickly read you can exempt up to $2400 value in an auto from seizure.  Even though your relative is on the title they can lien/seize it if yours is on there after a judgment is awarded to the plaintiff.  They need the judgment before anything can be attached.

 

Go to http://nadaguides.com/ to get a value of your auto.

 

They have to send you a letter within 5 days after the initial call.  If they don't then it's a FDCPA violation.

 

1.  Send a Cease and Desist (C&D) inform them not to call only communicate via USPS.  Make sure its send CMRRR.  They are allowed one more call to let you know they have received the request and will comply.

 

2.  When you receive the letter you have 30 days from that date to request a debt validation (DV).  Be sure to send it certified mail with return receipt request (CMRRR).  Save all letters and envelopes your receive and save all receipts.  The DV basically stops collection until they sent you a validation.  

 

3.   Get a FDCPA copy online http://www.ftc.gov/os/statutes/fdcpa/fdcpact.shtm  you can google fdcpa.pdf to obtain a copy.  Read it cover to cover.

 

This will give you a starting point.

 

Here is a website that gives you links to the district courts in Illinois http://www.findlaw.com/casecode/district-courts.html You can monitor the dockets.

 

Read as much as possible on this site especially posters much more knowledgeable than I.  

 

Good luck!

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They will rarely take a 9 year old vehicle with 200,000 miles on it. The only reason they would do that would be to be vindictive. Lets be honest, that vehicle is not worth more than $5000 on the open market which means $3000 - $4000 at auction. Out of that they have to pay your exemption and they their costs for towing/repossession, storage, and auction. They will not have made any money on the sale. Plus, if there is a co-owner, they have to pay that person for their 1/2 since that person was not on the lawsuit. In other words, it will not happen.

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First they have to serve you and then win a judgment in court. Then they have to file to get your assets if you have any. By law you have to list all assets including checking and savings and if you have any money there that isn't from IDES they can get it. If you have nothing they will sit and wait till you become employed then file again for your employer info and get part of your check. If your debt is not that much try to settle with a written agreement settled in full. If you have alot of debt you of course can file Chapter 7 at any time even after the judgment is filed. If you want to fight read up on the board here and file responses in court and see if they just go away. BTW what kind of debt is it and when was the last payment? If it was a credit card they only have 5 years from the last payment to file.

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Did they just leave a message for you to call back or did they discuss any thing with your family member. If they just left a message for you to call back then they are fine, but if they did discuss or reveal that they are collecting a debt that is third party notification and violates the fdcpa. section 805.

If they simply stated they are a debt collector some courts say it is a violation and others say it is not. If they only reveal their employer, the FTC in a 1986 comment states that it does not violate the fdcpa if they do so.

 

Did the family member answer your phone or did they call at your family members number? If he called their number a debt collector can only call them once.

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NO.

 

There is NO SUCH THING as a binding LIMITED CEASE AND DESIST letter.  A C&D letter is either all or nothing.

 

The rest of the post has good information...DV is your friend within the first 30 days.  Do NOT give them a C&D at this point.

OTOH, you can offer to agree to NOT make claims, and NOT sue, for certain communications that an "all" version of the letter would otherwise disallow.  Whether the collector chooses to take you up on that offer is up to them.  As long as a C&D is in effect (e.g. you do not revoke it), they can simply take safe harbor and consider it "all".

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NO.

 

There is NO SUCH THING as a binding LIMITED CEASE AND DESIST letter.  A C&D letter is either all or nothing.

 

The rest of the post has good information...DV is your friend within the first 30 days.  Do NOT give them a C&D at this point

I have stated this numerous times only t be challenged and told I have no idea what I am talking about. maybe some case law is in order.

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I saw in an ftc report but I d nt have the specific statement available. I will try to find it.

Maybe I should have stated this differently, I was talking about when they are searching for information about you. Not in trying to collect the debt. Third party rules govern this.

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Did the family member answer your phone or did they call at your family members number? If he called their number a debt collector can only call them once.

 

Where is your source for that blanket statement?

 

If a debt collector calls a 3rd party to get location information, they can only call the 3rd party one time unless given permission to do otherwise.

 

15 USC § 1692b - Acquisition of location information

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall—

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

 

I suppose it would depend upon the reason they'd call a 3rd party.

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If a debt collector calls a 3rd party to get location information, they can only call the 3rd party one time unless given permission to do otherwise.

 

15 USC § 1692b - Acquisition of location information

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall—

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

 

I suppose it would depend upon the reason they'd call a 3rd party.

Yea that source too, forgot about that. Forgive me at the moment I am suffering from excruciating lower back pain.

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To BTO429,

They just left a message IDing themselves and a phone number to call them back on. They were asking for a way to contact me. Family member confirmed my address though.

 

To admin,

No dunning letter sent as of yet. The reason why I'm asking, is because I was threatened with suit last year, and went and settled with a different law firm on a different account. I didn't quite understand that after a  DV letter was sent, that I had to watch my CReports for violations, and under what part of the law the violations  (if any) each applied.

 

To usctrojanalum,

I go down to the courthouse on Friday just to check. Last year a bankruptcy attorney sent me a letter and that's how I found out I was being sued.

 

To Beachesandbeer,

this is for a G.E. money line of credit account, almost SOL. 

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