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Should I file a complaint, request validation, get an attorney, or do nothing?


PoorGirl
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I'm trying to decide what step to take next regarding a collection.

 

I don't think this place is officially a "collection agency", but in doing some research, it seems like an attorney who does a lot of collection, so they are supposed to abide by the FDCPA. However, I am pretty sure that they are violating the FDCPA after looking up what fees my state allows them to charge as a tax lien buyer/holder.

 

But even if they are violating the FDCPA, and I have written documentation, does it do me much good? It seems like my only options are to file complaints with my state agencies or get an attorney to threaten/negotiate. From what I read, the CFPB would just forward my complaint to this collection place and keep a record of it, not much else.

 

I feel like a really good attorney could help, but that it would be hard to find a good one who doesn't need upfront payment and charge a lot. I could afford it, but I'm worried about the chance of spending even more money. If the attorney doesn't have success with reducing the debt more than the attorney fees, that is. I feel like it's only worth my time if the attorney could get the debt significantly reduced, and the odds of that are very low, right?

 

Also, I know I could send something like a debt validation letter, but I feel like they would respond and what good has it done?

 

I feel like they are probably charging excessive fees to many broke people in my area, which makes me very mad (and they also did something else which upsets me but it's way too hard to prove), but due to some personal circumstances, I don't think I have the luxury of caring about justice for other people or myself, sadly.

 

So I'm thinking of doing nothing (and letting them collect the unfair fees from me), but I would like input in case I am overlooking something.

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1 hour ago, hegemony said:

not enough info... what kind of debt is this? is it within the SOL? how are they violating the FDCPA?

My post stated that it's a tax lien that was bought and that they're charging fees above the acceptable state regulations and it's in writing.

 

Yes, within SOL.

 

Edit: Residential property tax. Not sure if there's more I should answer?

Edited by PoorGirl
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Tax liens may not be within the purview of the FDCPA if the liens aren't general against the person but against, say property such as property taxes. Here's in interesting case where a consumer was going after the lien collector for FDCPA violations. Court ruled the FDCPA didn't apply even though the collector included all the standard debt collection boilerplate as if it did:

 

https://www.govinfo.gov/content/pkg/USCOURTS-nynd-5_11-cv-00123/pdf/USCOURTS-nynd-5_11-cv-00123-0.pdf

 

However, I'm not a lawyer or even someone who has looked into this to any significant degree. But I find the ruling interesting and unsurprising.

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1 hour ago, PoorGirl said:

My post stated that it's a tax lien that was bought and that they're charging fees above the acceptable state regulations and it's in writing.

 

Yes, within SOL.

 

Edit: Residential property tax. Not sure if there's more I should answer?

sorry I didn't read "my state allows them to charge as a tax lien buyer/holder." as "they claim to own my tax lien"

 

if it is a large dollar amount to you, getting professional help -- especially for a tax item -- is probably a good idea. good luck.

 

 

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1 hour ago, cashnocredit said:

Tax liens may not be within the purview of the FDCPA if the liens aren't general against the person but against, say property such as property taxes. Here's in interesting case where a consumer was going after the lien collector for FDCPA violations.

Thanks.

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1 hour ago, hegemony said:

if it is a large dollar amount to you, getting professional help -- especially for a tax item -- is probably a good idea. good luck.

Hege's advice +1.  OP should look for an atty that specialized in tax lien debt collection issues. This isn't a standard consumer debt issue. Also do your own research first so you can ask the atty. good questions before hiring her.

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1 hour ago, cashnocredit said:

Hege's advice +1.  OP should look for an atty that specialized in tax lien debt collection issues. This isn't a standard consumer debt issue. Also do your own research first so you can ask the atty. good questions before hiring her.

Thanks, I didn't think about how it was different.

 

I was hoping people here could give me questions or tips? Prior to hiring. I'm not even sure about going that route though because of the time it would take.

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1 hour ago, PoorGirl said:

Thanks, I didn't think about how it was different.

 

I was hoping people here could give me questions or tips? Prior to hiring. I'm not even sure about going that route though because of the time it would take.

Execution of property tax liens are state specific. Some states allow sales at the courthouse steps and the sale can be quite a bit lower than a home's actual value which would be quite expensive for you. Other states have various protections like significant advance foreclosure notice, ability to cure, ability to void after a sale if the tax is paid to the lien holder. You need to investigate the details for your state.

 

With this background you can better determine if a potential lawyer is skilled in this area. Do the research and good luck!

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