Re: SOL questions
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Posted by scott (65.25.98.104) on September 01, 2003 at 21:38:58:
In Reply to: SOL questions posted by PK76 on September 01, 2003 at 20:50:58:
You are past the SOL on both. I would suggest you print out the below link and bring it to court. I would also suggest that you call the courthouse and find out if it is too late to file a countersuit for $1000 for violations of the FDCPA. Why is it illegal? (page 26 annotation 81-kimber)
http://www.dca.ca.gov/legal/dc_2.pdf What violations are you filing a countersuit for? http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm § 807. False or misleading representations [15 USC 1962e] A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (2) The false representation of --
(A) the character, amount, or legal status of any debt 4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. (5) The threat to take any action that cannot legally be taken or that is not intended to be taken. (10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer § 808. Unfair practices [15 USC 1692f] A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. § 813. Civil liability [15 USC 1692k] (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of -- (1) any actual damage sustained by such person as a result of such failure; (2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000
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