xythlord

Well, I have looked these guys up and they do have a license in my state to collect debt as a collection agency, but I am hoping somebody has some info out there on whether these guys can be treated as a CA....in this case their dunning letter does not anything on it, anywhere stating my right to dispute this debt. This puts is squarely in a violation of the FDCPA if they are treated as such. Now before I go and lemonade them off by sending a simple validation letter, I would like some of the experts to chime in if at all possible. Xyth,

Beth....first off, just breath. They are not going to put your husband in jail, we do not have debtors prison in this country. This CA is trying very hard to take advantage of your ignorance of the laws, and unless he identifies himself as part of the law enforcement community he cannot under any circumstances send someone to jail, and even then it always requires a trial. There are many people on these forums who know a great deal more than I do about credit matters, but the first thing you should do is no longer speak with an CA on the phone except to say "I am sorry but it is inconvenient for me to deal with you on the phone and I will wait on your letter 5 days from now, my address is such and such, good bye". Do not ask for any information, deny anything, promise anything, nothing! Then you need to start reading up on the newbies section pronto. They (the collection agencies) have to send you a dunning letter, you are allowed to request a validation letter (proof that you owe the money). There are many things they cannot do, and you can tell them in a letter not to talk to you on the phone at all, only by mail. But you must read to learn your rights....and you have lots of them! Good Luck!

Well Nuts! ok, so the CA may be allowed to try and make a collection without going through the normal hoops, but we just don't know right now. I do know that right now they have been served in Colorado for FDCPA violations (on pacer) but I that has only just happened. Is there anybody out there who has dealt with these guys in either normal collections or as part of a municipal collection, and how are these guys for obeying the rules? For now I am going to DV these guys to make sure that the debt is mine and the amount is accurate (to tell the truth I just don't know as it was at least 4 years ago). Hopefully somebody can come up with something about how these guys are supposed to compose themselves as I shudder at the thought of any CA being able to ignore the rule more blatantly than they are doing already. Xyth,

Well thank you again for the welcome I was actually pleasantly surprised that my login was still valid as it has been a very long time since I have posted anything -Mainly I am a lurker / reader, I see so many around here who have a tremendous amount of knowledge and acumen. That being the case I do know the purpose and requirements of a dunning letter and I was surprised to not see any of the typical wording used (or even untypical). So, I am trying to find out is there any special rules governing a private collection agency who is working for a state revenue service, and what exactly is the statute of limitations on old income tax debt. I have researched and this firm seems to have a bunch of accounts with cities and states to do municipal collections. And just so everybody knows, the amount they're looking for is only for a few hundred dollars, and if it is mine I will pay. I just don't like CA's or their tactics, and I would like to know if the rights I have with any other crummy JD collector applies to these guys. P.S. -I meant to say Validation rather than Verification in my first post. Xyth,

This is a new one for me. I have been a fan and avid reader for about 2 years here at the credit boards...sometimes more, sometimes less but I have learned a tremendous amount and have managed to put it to good use a few times. Just so everybody knows, I do read the FCRA and FDCPA, and I have successfully had a CA and an OC try to collect on a debt I did not owe and fought back. But this one has me stumped. I just recieved a letter from an law firm of Linebarger, Goggan, Blair and Sampson, LLP of Colorado and parts unknown (lots in Texas as well). They are representing themselves as a law firm being hired by the State of Colorado in the collection and disposition of a tax debt. What is funny is that it has the usual threats of "may result in legal proceedings", "garnishment of your wages and bank accounts" ....blah blah blah. but it does not have "a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. Now these guys are registered in my state as licensed Debt Collection Agency, but are they exempt from the FDCPA requirements? My first inclination is to send a very simple request for verification, as I do not know if this debt is mine, and if so do I really owe that amount. Any help or words of wisdom....or experience with these guys would be appreciated.

I'm going to chime in here as well. I have worked in the Multi-Family Housing Industry for the last 5 years and you have quite a bit of wiggle room here. First off, if you don't mind what exactly are they charging you for. Did they provide a list of items and the charges or just a ......you owe this amount? How much was your security deposit? Did you give them a signed Move-In / Move-Out checklist? Did you do a "Walkthrough" with somebody when you moved out? I need to know this because it will directly affect how you deal with them and what information you need to obtain to knock down these charges. Xyth

Actually it depends upon what you did. If you: A) left the apartment at the end of your lease, but did not give proper notificiation as laid out in your lease contract, then they may claim that your lease was shifted into a "month to month" basis and you abandoned your apartment. They have the right to charge you for the next months rent and whatever else is laid out in your contract and state law (in this case state law and the Landlord Tenant Lease Act). Left the apartment in the middle of your lease, even though you told the landlord that you were leaving, they can charge you for Rent all the way up to the point that they release the apartment, plus other sundries as laid out by your contract and state law. You do have some defense though! Depending upon what state you live in, they are required to store anything found in your storage and apartment (other than trash, which is debatable) for a period of time (on their own dime). You need to look up the laws in your area and find out if they have to store it......if they did not, you can claim damages from them. Furthermore, they cannot charge you for the carpet cleaning if you have lived in the apartment for over a certian lenght of time.....and you can demand proof (as in something admissable in court) that the carpet needed cleaning (pictures, written statements dated from the time, etc.) and that it was actually done (reciepts for the actual amount they cleaned it for) Much of the time apartments will try to give you a "standard charge sheet". This is crap and won't fly in a courtroom for 2 min. Good Luck, most apartment complexes I have seen (that is most management companies) don't train their people very well in the whole law....only in the parts that they want (which is very similair to CA's). Xyth