Osprey13 Posted June 15, 2013 Report Share Posted June 15, 2013 Is Fulton, Friedman and Gullace LLP a collection agency or a law firm? A complaint I received from them for a small claims issue has the normal:"This is an attempt to collect a debt by a debt collecotr. Any information obtained will be used for that purpose" The complaint states it's from JDB by and through it's undersigned attorneys sues ME and allegs blah blah blah. The signautures at the bottom are marked "attorneys for plaintiff". Reason I ask, If Fulton & JDB pursue on a (different) time barred account, would I be able to go after BOTH the JDB and Fulton if Fulton Friedman etc are acting as a collection agency. Link to comment Share on other sites More sharing options...
blindspot99 Posted June 15, 2013 Report Share Posted June 15, 2013 As far as I can figure FFG is Asset Acceptance, LLC's in house law firm. To my understanding they do act as a collection agency and would need to follow the fair debt laws. When they sue on behalf of AA they are attorneys for the Plaintiff. Someone with more experience will likely chime in shortly to give more detail or correct me. Also I just read the Encore just purchased Asset Acceptance yesterday. So not sure if this might impact pending suits or not. Here is a link to an article about Encore's purchase of AAhttp://www.insidearm.com/daily/debt-buying-topics/debt-buying/encore-capital-closes-asset-acceptance-acquisition-provides-more-detail-on-operations/ Link to comment Share on other sites More sharing options...
Osprey13 Posted June 16, 2013 Author Report Share Posted June 16, 2013 So they can act as either collection agency or attorney, depending on the situation. Interesting article on Encore and Asset. I wonder what happens with current claims in the courts. It's an acquistion so I guess things just progress normally. Link to comment Share on other sites More sharing options...
gwheelock915 Posted June 16, 2013 Report Share Posted June 16, 2013 Asset will probably be just another operating entity of midland. they will use the same collections systems. I doubt their litigation strategy will change, except perhaps they will use the same complaint. Link to comment Share on other sites More sharing options...
Osprey13 Posted June 17, 2013 Author Report Share Posted June 17, 2013 Well it looks like I got them on both sides of their coin. Attorney for a JDB and a collector for another. The sad news for them is the one they're trying to collect on is outside SOL. Does that mean I can sue both the JDB and Fulton as the collection agent? Link to comment Share on other sites More sharing options...
kutuzov Posted June 17, 2013 Report Share Posted June 17, 2013 You need to respond the complaint, deny everything and rise SOL as an affirmative defense. Please be aware that SOL is for you to prove also Plaintiff complaint might have the necessary docs to support it, check it. Then you can wither countersue them in the response or after it get's dismissed with prejudice for SOL, sue them in Federal. Link to comment Share on other sites More sharing options...
Osprey13 Posted June 17, 2013 Author Report Share Posted June 17, 2013 Thanks, but I've not been served yet.I got a letter from JDB and then the collection calls started. I'm only guessing which account it's about. Link to comment Share on other sites More sharing options...
kutuzov Posted June 17, 2013 Report Share Posted June 17, 2013 They can try to collect for ever, what you'll need to do is answer that call, and trigger a first communication and DV the attorney law firm. Link to comment Share on other sites More sharing options...
Osprey13 Posted June 17, 2013 Author Report Share Posted June 17, 2013 They left a 1/2 message on machine. It cut off before they finished. I went back to listen to machine and the darn messages is gone. I don't know what happened to it. I think the message will be considered i answered phone.I'm typing on cell phone right now, so am slow and short on answers. Sorry about that. Link to comment Share on other sites More sharing options...
blindspot99 Posted June 17, 2013 Report Share Posted June 17, 2013 Did you ever get a letter from them or from Asset Acceptance? Sometimes they do work for other JDB's as well. If you did and they have not sued you yet, I would recommend sending them a DV letter. There are several examples on this forum to use. For them to answer you must send it within 30 days of receiving the letter otherwise they might ignore it. I am dealing with them right now. If they have filed suit (likely will happen if they have sent you a letter) be sure to answer the complaint and follow the recommendations on this board. There is lots of great information on here to help you. You will need to use what applies to your situation and your state rules. Be prepared to take time to study and research to prepare. Might be good to start now so you are ready. Good luck. Link to comment Share on other sites More sharing options...
Osprey13 Posted June 17, 2013 Author Report Share Posted June 17, 2013 Thanks, and good luck to you also.I've been reading and studying for days. There is always more to learn in order to be prepared! Link to comment Share on other sites More sharing options...
BV80 Posted June 17, 2013 Report Share Posted June 17, 2013 @Osprey13 Well it looks like I got them on both sides of their coin. Attorney for a JDB and a collector for another. The sad news for them is the one they're trying to collect on is outside SOL. Does that mean I can sue both the JDB and Fulton as the collection agent? Is the debt that's outside the SOL the one for which you haven't been served? Or is it another account? Link to comment Share on other sites More sharing options...
Osprey13 Posted June 17, 2013 Author Report Share Posted June 17, 2013 @Osprey13 Is the debt that's outside the SOL the one for which you haven't been served? Or is it another account?The outside the SOL is the one that I have not been served on yet. Link to comment Share on other sites More sharing options...
BV80 Posted June 17, 2013 Report Share Posted June 17, 2013 @Osprey13 It's not an FDCPA violation to send collection letters on time-barred accounts as long as the information they provide is correct, and they don't threaten to sue for the debt. But to merely attempt to collect without any threats...no violation. Link to comment Share on other sites More sharing options...
Osprey13 Posted June 17, 2013 Author Report Share Posted June 17, 2013 @Osprey13 It's not an FDCPA violation to send collection letters on time-barred accounts as long as the information they provide is correct, and they don't threaten to sue for the debt. But to merely attempt to collect without any threats...no violation.Thanks for clearing that up for me, BV80. Link to comment Share on other sites More sharing options...
qbert Posted January 8, 2014 Report Share Posted January 8, 2014 so to be clear, it IS an FDCPA violation to initiate a lawsuit on a time-barred debt? Link to comment Share on other sites More sharing options...
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