Re: Sec 809 (b) and Sec 805 (c) court results
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Posted by CAK
(66.140.213.133) on October 06, 2003 at 21:35:13:
In Reply to: Re: Sec 809 (b) and Sec 805 (c) court results posted by Why Chat on October 06, 2003 at 20:33:25:
This is the first part of a two part case. It came about like this; A collection attorney sent out the usual and standard collection letter. I immediately sent a Cease and Desist letter and a letter of validation. They responded a month and a Half later with an additional collection letter from the attorney. They did not respond in one of three ways provided for Sec. 805 (c), and did not validate the debt, only sent another collection letter they are claiming is validation.
The second part of this case is;(which has not been tried yet) Under the initial attorney letter head off to the side was the collection agency that was using the attorney letter head to attempt collection. We then filed suit against the Collection agency for FDCPA violations per FDCPA. Citing this time many more violations than the case that was tried today. A local attorney was hired to defend them, and our court date is Nov. 15th. The statute of limitations comes into play in the second case in November. Additionally, the second case is the one is which the local attorney countered our suit for Breach of Contract. In which we are claiming, time barred credit card debts that were dismissed April 30, 1997 in a Chapter 13 Bankruptcy. As I said earlier we have already established that the SOL has run. With regard to case number one; I was tring to find out if there was any case law dealing with FDCPA from a higher court that could be given to the judge, as this looks like it may be all that will suffice. As I stated before, the judge did offer to take my copies of the FDCPA Sectional violations and take it under advisement, but requested case law from the Plaintiff and the Defendant. Both case one and two are separate cases and are being tried separate.
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