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Postcard debt letter

The last post in this topic was posted 1801 days ago. 

 

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A friend of mine received a postcard telling her that court documents have been filed. It's clearly in violation of the fdcpa, but, how would she address it?

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Who is the collection agency?

 

Something seems wrong about the post card because collection agencies understand sending a post card is a violation of the Fair Debt Collection Practices Act

 

If they are legitimate, have your friend contact a Fair Debt Collection Practices Act consumer attorney for a free case evaluation.

 

Most FDCPA consumer attorneys do not charge a fee regardless if they win or loose.

Rarely does a claimant have to step into a courtroom and the cases are settled before they go to litigation.

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I think it's Midland Funding, LLC.

 

I'm having her send a dv1 letter. And she called, but I told her to stop calling. She understands.

 

I wish I could figure out how to post a photo while mobile.

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Who sent the postcard?

 

There are bottom feeder attorneys who chase filings, promising to defend, and lose the case.

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Upon further investigation, it is from an "ambulance chaser" type attorney. It has "YOU ARE BEING SUED" and the case number on it. It was delivered to my friends grandparents house who were subsequently questioning my friend.

 

It's not a debt collector, or a creditor. Does it still fall under the FDCPA?

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Nope.

 

It's offensive, and delivered probably to the address that is listed on the court file.

 

Your friend could file a complaint with the state Bar association. Don't know that it's an ethics violation or not.

 

Most ambulance chasers send letters, not postcards.

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I know that in my state, the court itself sends out postcards about filed cases as well. This appears to be a state regulated matter that differs by state. What state is the lawsuit in?

 

For example, In NC postcard solicitations to specific individuals (i.e. based on knowledge they might need a specific kind of lawyer due to a filing) are prohibited:

 

http://www.ncbar.com/rules/rules.asp?page=3&keywords=advertise

 

Although there was dissent in adopting the rule, these postcards appear to be allowed in Michigan 30 days after the case is filed:

http://milawyersweekly.com/fulltext-opinions/wp-files/opinions/06-75904.pdf

Edited by rooms222

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I know that in my state, the court itself sends out postcards about filed cases as well. This appears to be a state regulated matter that differs by state. What state is the lawsuit in?

 

For example, In NC postcard solicitations to specific individuals (i.e. based on knowledge they might need a specific kind of lawyer due to a filing) are prohibited:

 

http://www.ncbar.com/rules/rules.asp?page=3&keywords=advertise

 

Although there was dissent in adopting the rule, these postcards appear to be allowed in Michigan 30 days after the case is filed:

http://milawyersweekly.com/fulltext-opinions/wp-files/opinions/06-75904.pdf

I'm in NC also, but this is in Texas. I will have her file a complaint with the bar.

 

Thank you!!

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