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Law office is sending mail to my grandmothers house


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Hi guys, Midland had sent mail to my grandmother's house for a junk debt. ...i sent them a certified letter staying that i do not reside there and have moved to such and such address. I also asked them to validate the debt. They validated the Debt, sending it to the correct address. Two months later, they sent me another letter to my grandma 's house letting me know that they have begun proceedings to sue me. I don't even stay in the same city let alone same county as my grandmother. ... I'm so nervous I'm sure the process server Will show up to my grandma's house and not mine. How embarrassing. Is there something i can do to where they will send my court info and other correspondences to my address? Thank u guys

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I'd start by telling Grandma that a process server may show up at her house. That you are sorry, but that you let a credit card go because ______, and it was sold to these bottom feeders who are threatening to sue you.

 

Then I'd read up, really thoroughly, on the FDCPA, and see just how many violations you have against them, based on what's happened so far. If you have at least a couple, try contacting a NACA attorney who has won a few cases, and see if you can sue them first.

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@determined2fight

 

1692b©:

 

(b) Communication with third parties
Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

 

If the letters are addressed to you, then claiming a violation of that section might be iffy because they are not directly contacting your grandmother.   If a letter for another person came to my home, I would not open it.   But the fact that you informed them of your address might bolster the claim. 

 

In the instance that a process server were to arrive at her home, it might depend upon your court rules.  Does the process server have to ask for you and hand the summons and complaint to you personally?  Or can they leave it at the door?  If he has to hand it to you, your grandmother would not know you're being served for debt collection.  As a result, there may not be a violation. 

 

But if he can leave it at the door, that might be a different situation considering that you've informed them of your correct address.

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Your grandmother lives in a different county, too. If you originally signed a contract for this debt, did you sign it in that county? If yes, can that be proved by them? Per FDCPA Section 811, if a debt collector sues you, they need to do so in either: 1) the county where the contract was signed, or 2) the county where you reside at commencement of the lawsuit. So if they sue in the inappropriate county, that's a violation right there.

 

Idk, this depends on you, but if it were me I might stay quiet at this point and let them continue on their course - if they screw up and file in the wrong county then you pick up some leverage with a counterclaim for section 811, plus any others they may commit.

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I'd start by telling Grandma that a process server may show up at her house. That you are sorry, but that you let a credit card go because ______, and it was sold to these bottom feeders who are threatening to sue you.

 

Then I'd read up, really thoroughly, on the FDCPA, and see just how many violations you have against them, based on what's happened so far. If you have at least a couple, try contacting a NACA attorney who has won a few cases, and see if you can sue them first.

@Wins the Battle, thank you!

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