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OC Violations


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@Bobby2012

 

@willingtocope is correct.

 

Check your state collection laws to see if they apply to OCs.  

 

Is this a lawsuit or just a collection attempt?  Were you contacted directly by the OC or a debt collection attorney?

 

It is a lawsuit where I filed a motion to Compel Arbitration and the Judge granted. I read somewhere where the OC can violate different laws and was wondering what laws they might be so I can research them. 

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You can sift through the Truth in Lending Act, and see if the OC has followed the guidelines therein.  If they haven't, you could possibly use the affirmative defense 'recoupment', as a means to lower what you owe to the OC.  It won't stop them from recovering; however, it may reduce the total amount that is recoverable.

 

http://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-I/part-B

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You can sift through the Truth in Lending Act, and see if the OC has followed the guidelines therein.  If they haven't, you could possibly use the affirmative defense 'recoupment', as a means to lower what you owe to the OC.  It won't stop them from recovering; however, it may reduce the total amount that is recoverable.

 

http://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-I/part-B

 

Looks like there is really nothing an OC can do wrong....

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Looks like there is really nothing an OC can do wrong....

Sure they can do things wrong; however, if you don't have a general idea of what they've done, it will be difficult to point you in the right direction.  Also, when the OC sues you, it is much more difficult to win.  Keeping that in mind, it's not impossible.  Did you dispute the debt?

 

I would suggest not concerning yourself with what violations, unless you have an idea of what they are.  I would focus on forcing them to prove their case against you.  

 

The rules of evidence, The Truth in Lending Act, Disclosures, etc...all have hurdles that the OC must overcome to prove their case.  Study the Florida rules of civil procedure.

 

Read this, it might give you some ideas where to start:  http://www.law.gonzaga.edu/files/Jarzombek-Defending-Debt-Collection-Suits.pdf  

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@Bobby2012

 

The Florida Consumer Collection Practices Act DOES apply to OC's if they have committed a violation.

 

In Williams v. Streeps Music Co., Inc., 333 So.2d 65 (Fla. 4th DCA 1976), we held that the provisions of the Consumer Collection Practice Act were not restricted to collection agencies. Rather the language of the Act includes all unlawful attempts at collecting consumer claims. The First District Court of Appeal held likewise in Cook v. Blazer Financial Services, Inc., 332 So.2d 677 (Fla. 1st DCA 1976)

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Sure they can do things wrong; however, if you don't have a general idea of what they've done, it will be difficult to point you in the right direction.  Also, when the OC sues you, it is much more difficult to win.  Keeping that in mind, it's not impossible.  Did you dispute the debt?

 

I would suggest not concerning yourself with what violations, unless you have an idea of what they are.  I would focus on forcing them to prove their case against you.  

 

The rules of evidence, The Truth in Lending Act, Disclosures, etc...all have hurdles that the OC must overcome to prove their case.  Study the Florida rules of civil procedure.

 

Read this, it might give you some ideas where to start:  http://www.law.gonzaga.edu/files/Jarzombek-Defending-Debt-Collection-Suits.pdf  

 

This debt is now in the hands of JAMS as I filed MTCA and the judge allowed it. I have sent the initial paperwork in to JAMS. One of the things I am claiming is their continual pursuit of soliciting me for more credit even after I told them to stop. I constantly get credit Card offers from them. Also, the CCs are part of a CH11 BK (Business) where they are included in a plan accepted by the court for repayment. So they are essentially attempting to collect twice on the same debt.

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Note, however, the FDCPA does not apply to business debt.

 

 

Understood. The problem is they sued me for personal Guarantee and the business went bankrupt C11 where they agree to pay back creditors over a period of time. So if they are collecting from C11 how can they sue me for the same amount? Seems like they are collecting twice.

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You really need to talk this over with you lawyer.  10 yrs ago, I did have some success chasing CAs away by claiming that once they invoked the personal guarantee for business debt, it became a personal debt...and, therefore was covered by the FDCPA.

 

BUT...I eventually did a personal BK 7 and just let the company die.

 

I suspect that because you BK 11'd the company, they can still use the personal guarantee to get the balance of the debt from you.

 

See your lawyer...

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