Re: I WON!
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Posted by scott (188.8.131.52) on November 01, 2002 at 11:59:49:
In Reply to: Re: I WON! posted by Redvan on November 01, 2002 at 11:41:38:
Ok this is what you do and I will steal some of Bear's posts. Call the attorney or the CA guy who showed up and ask him of them if they would like to settle for $500 for violations of the FDCPA. State the below statute they broke and a couple of supporting cases. Also state if they would not like to settle them you will file suit against them, report the attorney to the bar association, and both to the FTC, attorney general, and BBB. They tried to screw you. they tried to abuse you. They wasted your time and made you sick with worry. Will you let them get away with it and move on to their next victim or stop their practices here and now?
FDCPA Section 807(5) prohibits the "threat to take any action that cannot legally be taken or that is not intended to be taken."
1)“The case law on this issue focuses on the debt collector's actions, and whether an unsophisticated consumer would be harassed, misled or deceived by them. In Kimber v. Fed. Fin. Corp., 668 F.Supp. 1480 (M.D. Ala. 1987), the court held that the debt collector's filing of a lawsuit on an apparently time-barred debt, without having first determined after a reasonable inquiry that the limitations period had been tolled, was a violation of the FDCPA
2)See Beattie v. D.M. Collections, Inc., 754 F.Supp. 383, 393 (D.Del. 1991)(threat of lawsuit which debt collector knows or should know is time-barred is violation of FDCPA);
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