FDCPA Violation? Tenant/Landlord Law Question.

[Zerokewl]

I only have 90 or so min before i submit my answer so i wanted to ask a really quick question:

I received a summons for UD (unlawful detainer). I know that since the landlord did everything including signing the 3-day notice, the attorney wouldn't be covered under the FDCPA. However, when i contacted the lawfirm to see if we could settle out of court, the i was told i needed to follow the instructions in a recording and then transferred. I listened to the recording and got the instructions, but in the recording it specifically states that the lawfirm was a DC. Since back rent is deemed "debt", and the landlord is using a DC to "collect" through litigation, would the DC now be subject to the FDCPA?

[BV80]

1 hour ago, Zerokewl said:

I only have 90 or so min before i submit my answer so i wanted to ask a really quick question:

I received a summons for UD (unlawful detainer). I know that since the landlord did everything including signing the 3-day notice, the attorney wouldn't be covered under the FDCPA. However, when i contacted the lawfirm to see if we could settle out of court, the i was told i needed to follow the instructions in a recording and then transferred. I listened to the recording and got the instructions, but in the recording it specifically states that the lawfirm was a DC. Since back rent is deemed "debt", and the landlord is using a DC to "collect" through litigation, would the DC now be subject to the FDCPA?

An attorney who regularly collects debts either through letters or lawsuits is a debt collection attorney bound by the FDCPA.

[Zerokewl]

25 minutes ago, BV80 said:

An attorney who regularly collects debts either through letters or lawsuits is a debt collection attorney bound by the FDCPA.

Thank you for your quick response!

could i add violations of the FDCPA as affirmative defenses?

[Harry Seaward]

52 minutes ago, Zerokewl said:

could i add violations of the FDCPA as affirmative defenses?

No. An affirmative defense gives a reason you breached the contract.  In this case you breached the lease agreement before they could have committed any violations.  To enforce your rights under the FDCPA, you would have to either file counterclaims in this lawsuit, or file a completely separate lawsuit for the FDCPA violations. 

[WhoCares1000]

What you would have is a separate action against the attorney. I would almost think you would have to file a suit against the attorney. The UD is for the breach of contract with your landlord. The attorney is simply the hired court agent in that regard and this, the attorney's violation of law would not be admitted in the UD case.

[Zerokewl]

2 hours ago, Harry Seaward said:

No. An affirmative defense gives a reason you breached the contract.  In this case you breached the lease agreement before they could have committed any violations.  To enforce your rights under the FDCPA, you would have to either file counterclaims in this lawsuit, or file a completely separate lawsuit for the FDCPA violations. 

 

1 hour ago, WhoCares1000 said:

What you would have is a separate action against the attorney. I would almost think you would have to file a suit against the attorney. The UD is for the breach of contract with your landlord. The attorney is simply the hired court agent in that regard and this, the attorney's violation of law would not be admitted in the UD case.

Thank you both. In regards to the breach of contract, once the 3 day notice was given I talked to the manager to request more time and it was granted. I guess I missed something because here we are. So I ☑ next to "Plaintiff waived, changed, or canceled the notice to pay or quit". I think that's all I can do.

[WhoCares1000]

Did you get that agreement from the manager in writing? If not then it will be your word against his. That is why lawyers tell their clients "If it is not in writing, it did not happen." All the landlord has to do is follow the lease and the law.