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Re: FDCPA section 807 Anyone?? WhyChat?


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Posted by Why Chat (209.240.205.61) on November 17, 2003 at 21:24:51:

In Reply to: Re: FDCPA section 807 Anyone?? WhyChat? posted by ex0dus on November 17, 2003 at 19:07:23:


I answered this last week.
The "warning" about possible IRS consequences to not paying a debt is NOT a violation, in my opinion, as although TECHNICALLY the CA cannot issue a 1099C, it is certainly a possibility, (abeit remote) that the CA would turn the account back to the OC who COULD issue a 1099C.

It is akin to stating that legal action might be taken, even though it is a past SOL account, because SOL is a DEFENSE to a legal action, not a BAR to it.

The sections of the FDCPA you quoted are for deceptive FORMS and deceptive ASSERTIONS, as if a CA used a form letter that looked like it came from a Government agency or a Court, or if they made a claim that they could put you in jail, or take your furniture.


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