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Re: WhyChat-LadyNRed Question-please help!


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Posted by scott (65.25.97.197) on December 11, 2003 at 12:38:50:

In Reply to: WhyChat-LadyNRed Question-please help! posted by tarbndr on December 11, 2003 at 12:21:57:

No this is not legal. The fdcpa clearly states when there are multiple debts the money must be applied in the matter that you wish. Also, if this is a court ordered installment plan he must abide by it. Honestly I would turn around and sue his ass for violations of the fdcpa. He is an attorney who acts on behalf of collectable debts which makes him a 'collection agency' according to the law. Be sure to write him a certified letter telling him he is misappropriating the $200 and you wish him to immediatly apply all monies to the judgement. As soon as you get the green card call him and give him one more chance.

FDCPA
§ 810. Multiple debts [15 USC 1692h]

If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer's directions.



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