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Re: Trouble with FirstUSA/BankOne and collection agency


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Posted by dixiedrifter (69.21.62.221) on January 07, 2004 at 04:25:31:

In Reply to: Trouble with FirstUSA/BankOne and collection agency posted by troubleintx on January 07, 2004 at 00:57:56:

If it were me I would lay low until the SOL has passed.

Do not contact the CA directly in any shape form or manner. Doing so will alert them to your true location and you then can be expecting a summons to go court. If they do sue you and serve you at your old address, you should still have time to get the judgment vacated based on improper service. Of course when you file your motion to vacate it will be after the SOL is up.

Tell your dad he can tell them to cease and decist as well. The constant calls are a form of harassment and are violations of the FDCPA:

§ 804. Acquisition of location information [15 USC 1692b]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;





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