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Is this a FDCPA violation?


walkabout
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Hello everyone,

I requested a DV letter for a debt collector and specifically asked that they reply the correspondence to a different address. I even sent them certify mail with return receipt. And yet, they replied to my old address.

Is this a violation of FDCPA?  Now they are suing me for the debt alleged owed.

Thanks in advance.

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27 minutes ago, walkabout said:

Hello everyone,

I requested a DV letter for a debt collector and specifically asked that they reply the correspondence to a different address. I even sent them certify mail with return receipt. And yet, they replied to my old address.

Is this a violation of FDCPA?  Now they are suing me for the debt alleged owed.

Thanks in advance.

Did the debt collection letter contain the 30-day validation notice?

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It's not an "express" violation in the sense that the FDCPA doesn't specifically say a debt collector has to follow a consumer's direction for were to send DV responses. As @BV80 is getting at, they know you can get mail at the original address, and unless you tell them you will no longer have access to that mailbox or something, I believe your claim would have to be decided by the court/jury.

I don't have access to my caselaw 'cheat sheet' at the moment so perhaps this specific issue has been settled by a court. 

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15 minutes ago, walkabout said:

They sent it to my parents' address...but I am no longer there. The previous collection agency sent to my new address. But the recent collector/JDB sent a collection letter to my old address/my parents' address. 

Along with the explanation from @Harry Seaward, they can claim it was a clerical error.  In Jerman v. Carlisle, McNellie, Riner, Kramer, & Ulrich, LPA, the U.S. Supreme Court ruled that clerical errors are subject to the bona fide error defense.

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Can anyone help out on how to attack the Business record (affidavit) hearsay rule for Georgia in a credit card law suit? I've seen cases in appeal courts where the results were overturned because the affidavits were not "sufficient" to prove that a debt exits, however they were mostly for overturning Motion Summary Judgements granted to the JDB by the judges of the lower courts. Can one cite these cases of the appeal courts (overturning the MJS decisions) in the magistrate courts ?

Also what other defenses can one use to keep those  billing statements, affidavits, bill of sale from being entered into evidence by the JDB during trial?

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 The best thing you can do is use the cases you've seen as a roadmap for challenging the evidence and affidavit. You should be advised, however, that the debt collection lawsuit landscape has evolved considerably over the last several years and the old tricks don't work. You have to cast some serious doubt over the evidence. Things like "we don't know what dumpster plaintiff may have fished this compete set of records from" are off the table. There needs to be a glaring error in the congruency of the records and affidavit to have the court find the evidence is not trustworthy. 

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2 hours ago, RIL12 said:

Can anyone help out on how to attack the Business record (affidavit) hearsay rule for Georgia in a credit card law suit? I've seen cases in appeal courts where the results were overturned because the affidavits were not "sufficient" to prove that a debt exits, however they were mostly for overturning Motion Summary Judgements granted to the JDB by the judges of the lower courts. Can one cite these cases of the appeal courts (overturning the MJS decisions) in the magistrate courts ?

Also what other defenses can one use to keep those  billing statements, affidavits, bill of sale from being entered into evidence by the JDB during trial?

You might want to start your own thread in "Is There A Lawyer in the House."  We have had much success in winning GA cases, whether through the court system or by arbitration with the assistance of some very fine GA members who regularly post and advise here

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