rastoma

Do you owe the unemployment? If so, a state is going to get their money one way or another. If you owe, best thing is to try and get by until it's paid back and be done with it. It doesn't matter if you were served or not. If you owe it, and you prove the service was improper, you'll immediately get served where you're at because they'll then have your current address and then you'll either have to make a lump sum payment or they'll garnish again.

I have since sent them a certified letter and told them phone calls are inconvenient and ask them to do all future correspondence via mail. They have not called since signing for the letter.

I would definitely be happy with $1k and account deletion. I just want to make sure I sound like I know what I'm talking about when I contact them. I wanted to state something along the lines that if it went to court it could potentially be a lot higher amount so setting would benefit us both.

bumping to see if I'll get someone that knows this time Is it one violation in total, or is it a violation for every time they have called before 7:30am? From a court's viewpoint, are they likely to consider this one violation or multiple?

So you lied?

I believe it's a legit offer. I have received MANY of these from CapOne. Every couple of months it's a different dealer. I haven't gone to a dealership though. Since I have gotten one of these from almost every new car dealer within 75 miles of me, I guess it's some kind of special deal CapOne will make with a dealer... maybe the dealer accepts part of the risk? Or the interest will be pretty high so that the ones that make the payments still cover those who will inevitably default? If you need a car then go. If they do pull a fast one while there, just leave. They can't force you to buy the car just because you step inside My main car is on it's last leg too but I'm going to drive it as long as I possible can. I've been without a car payment for almost 2 years now and can't stand the thought of another one.

is it a single violation that they would potentially have to pay $1000 for, or is it $1000 for each time they have tried to call? I'm not trying to look a huge payday, but I wouldn't want to offer them to settle for $1000 if they have now almost $10,000 in violations.

Midland legally changed their name. So now you have to dispute the entry from Midland FUNDING now.

Ok. Thank you. I just wanted to know if I was understanding the FDCPA correctly. So, even though they have called over 6 times before 8am over the course of many days, it would just be one violation total? It wouldn't be a potential $1000 for each time they called?

I'm assuming they also haven't sent a dunning letter within those two weeks? They have to send you one within five days of initial contact. I'd send an Unknown debt letter Cmcrr outlining the violations. Also check your credit reports to make sure they haven't put this sucker on there. Google their number that they are calling from to get the address. They probably sent me a dunning letter a LONG time ago. I don't remember. But it doesn't matter whether they sent one or not, I'm trying to find out is it a violation to call before 8am. If it's a violation, it's a violation whether they have mailed me or not... is it not? They are continuing to call sometimes before 8am. So...... Is this grounds for a small claim suit?

I don't have a way to record the call. But I have proof with my company companies call logs showing the phone number and time calls were received.

A CA has called my house at around 7:30am, 6 times in the last couple of weeks. They sometimes call 30-45 minutes later, sometimes later in the day again. This is on my home line which and I have a log I can access online in my account that shows the phone number, day and time the calls came in. I haven't answered and there's been no message left. It's illegal for them to call before 8am my time, correct? How should I handle it? They are calling about a past SOL non-verified account so I feel there's little risk by going to small claims court. Is this violation something that's enforced often in small claims court? Is it worth it?

Ok. Thank you for the tips.

From what I've read from Whychat and other posts, the SOL on this being governed by the UCC, is 4 years. Is that correct? And a SOL regarding something governed by the UCC is the same in all states or does each state have it's own 'UCC'?

I had a vehicle I voluntarily returned (I don't that don't make a difference credit wise) about 4 years ago. Maybe closer to 5. I have since moved and can't find the original paperwork on it or the VIN #. I never received a deficiency letter but have received a collection letter on a balance owed to the car lot (buy here/pay here) about 3 years ago. I just got another one, it's from Resurgent Capital Services, LP, the servicer of the account. They are contacting me as a new CA, with a 30 day mini-miranda. Current creditor is LVNV Funding. Description is the name of the car lot. So it seems LVNV bought it as a junk debt. Since this is a not a deficiency letter, would the Whychat repo letter not work? Should this be treated as any other collection? But since it was originally from a repo, the same four year SOL would apply anyway, correct? Whychat!??? Come out come out where ever you are.