VA JDB & FDCPA

[genseeker]

ok, I need to be sure of something in regards to JDB's in VA. Just spoke with an atty who said that in VA if they own the debt, the FDCPA doesn't apply to them as they are now the owner's of the debt. This guy is supposed to be good but that statement from him leaves me wanting to clarify and thinking maybe he isn't as knowledgeable as I was told. I was referred to him by another atty who is on the other side of the state from me and this guy is much closer.

 

Other things that made me uncomfortable..he said they are not required to send a dunning letter period. said they don't have to give info regarding the debt in phone calls. yes, I called but it was because the message that was left for me was very misleading in nature. This is in regards to the CA that said they would sue me, garnish DH wages, take DH car, etc when the debt is only mine. And did find another FDCPA violation because I found out that they are not attys but in phone call, he made sure to tell me he would be in court at a certain time, which made me think he was an atty

 

so please chime in VA peeps, anyone found that JDB's aren't bound to the FDCPA, specifically has that been upheld in court with anyone?

 

I am calling a different atty who seems interested, most on NACA did not even respond to my emails

[IDare]

Huh? Sorry, VA doesn't get to decide who's bound by the FDCPA or not - that's FEDERAL. The FTC has made it perfectly clear that JDB's *are* debt collectors and *are* bound by the FDCPA. Read: http://www.ftc.gov/os/statutes/fdcpa/letters/arbuckle.htm

 

Now, it's possible that VA doesn't hold them to STATE laws governing debt collectors. Some states apparently haven't read the above information either. However, if VA has a clause prohibiting a CA from being a Holder-in-Due Course, any attorney worth a hoot should be looking at that.

 

Hope you can find a better attorney than that

[joshbgosh]

find a new attorney...I talked to two who helped us and they went after the JDB on FDCPA issues and won...this guy doesn't know what he's talking about.

[tomurphjr]

find a new attorney...I talked to two who helped us and they went after the JDB on FDCPA issues and won...this guy doesn't know what he's talking about.

<{POST_SNAPBACK}>

 

Josh,

 

Could you give us, BrokinVA and myself the name of the lawyer. Would you happen to know a good lawyer in the Hampton Roads area.

 

BrokinVA, so to intrude in your thread.

[joshbgosh]

find a new attorney...I talked to two who helped us and they went after the JDB on FDCPA issues and won...this guy doesn't know what he's talking about.

<{POST_SNAPBACK}>

 

Josh,

 

Could you give us, BrokinVA and myself the name of the lawyer. Would you happen to know a good lawyer in the Hampton Roads area.

 

BrokinVA, so to intrude in your thread.

<{POST_SNAPBACK}>

I pm'ed brokeinVA with his name (atleast I think it was brokeinva) I'll PM you...

[RoadtoSuccess]

Josh,

 

Could you give us, BrokinVA and myself the name of the lawyer. Would you happen to know a good lawyer in the Hampton Roads area.

 

BrokinVA, so to intrude in your thread.

<{POST_SNAPBACK}>

 

Yesterday, I went to the NACA site and sent out a request for fees/contingency for a lawyer in Newport News. No answer yet.

 

There is another one in Newport News that is not on the NACA site, but I found his name on a .pdf transcript for a speech he gave in front of a panel. Can't remember his name, but will post it when I get home.

 

Any info you could throw my way would be great. I too am in Hampton Roads.

[tomurphjr]

find a new attorney...I talked to two who helped us and they went after the JDB on FDCPA issues and won...this guy doesn't know what he's talking about.

<{POST_SNAPBACK}>

 

Josh,

 

Could you give us, BrokinVA and myself the name of the lawyer. Would you happen to know a good lawyer in the Hampton Roads area.

 

BrokinVA, so to intrude in your thread.

<{POST_SNAPBACK}>

I pm'ed brokeinVA with his name (atleast I think it was brokeinva) I'll PM you...

<{POST_SNAPBACK}>

 

Thank you Josh!, I received it.

[tomurphjr]

Josh,

 

Could you give us, BrokinVA and myself the name of the lawyer. Would you happen to know a good lawyer in the Hampton Roads area.

 

BrokinVA, so to intrude in your thread.

<{POST_SNAPBACK}>

 

Yesterday, I went to the NACA site and sent out a request for fees/contingency for a lawyer in Newport News. No answer yet.

 

There is another one in Newport News that is not on the NACA site, but I found his name on a .pdf transcript for a speech he gave in front of a panel. Can't remember his name, but will post it when I get home.

 

Any info you could throw my way would be great. I too am in Hampton Roads.

<{POST_SNAPBACK}>

 

Isn't VA a great state to live in. It has sooooo many consumer protection laws!!!!

[Shawnee]

The attorney you talked to doesn't know what he is talking about. Obviously consumer law isn't his specialty.

 

For those in Hampton Roads, a good attorney out there based in Newport News is Len Bennet. He used to be listed with NACA but isn't now so I'm not sure if he is still practicing. Another very good attorney based here in the Richmond area is Jason Krumbein.

[RoadtoSuccess]

Yep, Bennett is the one I was trying to remember.

[DirtyHowi]

oo oo oo thank you shawnee, seems every one on here lives either in the NN or naval area...

 

i'm south of the rivah, but not so far south i can't make it to willow lawn.

[Shawnee]

oo oo oo thank you shawnee, seems every one on here lives either in the NN or naval area...

 

i'm south of the rivah, but not so far south i can't make it to willow lawn.

<{POST_SNAPBACK}>

 

While you're there, check into some of the fine eating esablishments across the street.

 

By the way, here is an interesting USA Today article that mentions both Krumbein and Bennett:

 

http://www.usatoday.com/money/perfi/credit...port-usat_x.htm

[TampaDude]

Isn't VA a great state to live in. It has sooooo many consumer protection laws!!!!

<{POST_SNAPBACK}>

 

I lived in VA for many years...it is one of the most "pro-creditor" states in the USA. You have little protection from creditors...if you BK in VA and own a home, you can be forced to sell it to pay off creditors, even unsecured creditors. Judgements stick for 20 years and are renewable. VA also has a 5.75% state income tax and personal property tax as well.

 

I'm so glad I moved to FL...it is much more "pro-consumer" and has an unlimited homestead exemption. Creditors cannot touch your primary residence, no matter how much it's worth or how much you owe. Also, if you are head of household, your wages cannot be garnished. No state income tax or personal property tax, either. I love this place!

[genseeker]

josh, I sent an email to the atty you you mentioned and the email was undeliverable, got the email off NACA. Still have the phone # so guess I will call.

 

For other posters in VA, our consumer protection laws really only deal with defective goods, charged for stuff didn't get, etc. Nothing I saw covers the acts we experience from CA/JDBs.

 

Anyone in sw VA who wants the name of the atty in my orig post so you know who to avoid, just pm me. Jason Krumbein did respond and seems interested, I sent him an email to see if he would like to see copies of my paper trail since it is so much easier to follow along that way.

 

looked at my email & I did email Len Bennet as well on 10/24 and still no response so must not be interested.

Edited November 10, 2005 by brokeinVA

[tomurphjr]

josh, I sent an email to the atty you you mentioned and the email was undeliverable, got the email off NACA. Still have the phone # so guess I will call.

 

For other posters in VA, our consumer protection laws really only deal with defective goods, charged for stuff didn't get, etc. Nothing I saw covers the acts we experience from CA/JDBs.

 

Anyone in sw VA who wants the name of the atty in my orig post so you know who to avoid, just pm me. Jason Krumbein did respond and seems interested, I sent him an email to see if he would like to see copies of my paper trail since it is so much easier to follow along that way.

 

looked at my email & I did email Len Bennet as well on 10/24 and still no response so must not be interested.

<{POST_SNAPBACK}>

 

Okay, thanks for the headsup BrokeinVA, as I will be filling a suit Monday if my TL isn't deleted tomorrow.....wonder if CA's and CRA's work on federal holidays

 

Edited: spelling

Edited November 10, 2005 by tomurphjr

[Why Chat]

Okay, thanks for the headsup BrokeinVA, as I will be filling a suit Monday if my TL isn't deleted tomorrow.....wonder if CA's and CRA's work on federal holidays

 

Edited: spelling

<{POST_SNAPBACK}>

I may have misunderstood your posts, but I THINK you are confusing 2 separate issues.

 

The Va. SOL has to do with your defense of the action being time-barred if they should file suit against you.

 

The SOL letter from my website is designed to prevent a time-barred lawsuit, and MAY enable someone to obtain a deletion from their credit reports of a reporting CA prior to the SEVEN YEAR obsolescence period mandated under the FCRA.

 

I don't know who you would be filing against, or for what-- but it is NOT against the FDCPA or FCRA for a CA to continue collection activities, including reporting, after the "legal" SOL has passed.

 

IF the OC has come off your reports due to being over 7 years -and this CA is still reporting with an illegally re-aged entry, your FIRST step should be to dispute it properly with the CRA as obsolete, and refer to the OC trade line that has expired.

[RoadtoSuccess]

By the way, here is an interesting USA Today article that mentions both Krumbein and Bennett:

 

http://www.usatoday.com/money/perfi/credit...port-usat_x.htm

<{POST_SNAPBACK}>

 

Good link.

 

I find it very disturbing that a woman has to pursue litigation to prove that she is not dead....and still have her case dismissed. WTH!

[marineO4]

Great info on VA issues. I'm going a little since this is a good VA thread. Has anybody had experience in court with VA SOL and courts interpreting as 5 yr (contracts) vs 3 yr (open account) for CC/revolving debt? I went to court and successfully defended myself, because the CA attorney backed off and requested dismissal at the hearing. He said my legal arguments were off but the end result would be the same so the judge dismissed. The debt had gone past the 5-year SOL one month prior to filing, but I was prepared to argue the 3-year SOL. I have heard an dread that VA judges interpret both ways.

 

Before I start challenging my CAs, I want to be sure if I awake the sleeping giant, I don't put myself in jeopardy. BTW, I have 18 collection accounts, all of them between 3-5 years old.

 

Sorry for going off topic, but I'll plead newbie just this once.

[tomurphjr]

Okay, thanks for the headsup BrokeinVA, as I will be filling a suit Monday if my TL isn't deleted tomorrow.....wonder if CA's and CRA's work on federal holidays

 

Edited: spelling

<{POST_SNAPBACK}>

I may have misunderstood your posts, but I THINK you are confusing 2 separate issues.

 

The Va. SOL has to do with your defense of the action being time-barred if they should file suit against you.

 

The SOL letter from my website is designed to prevent a time-barred lawsuit, and MAY enable someone to obtain a deletion from their credit reports of a reporting CA prior to the SEVEN YEAR obsolescence period mandated under the FCRA.

 

I don't know who you would be filing against, or for what-- but it is NOT against the FDCPA or FCRA for a CA to continue collection activities, including reporting, after the "legal" SOL has passed.

 

IF the OC has come off your reports due to being over 7 years -and this CA is still reporting with an illegally re-aged entry, your FIRST step should be to dispute it properly with the CRA as obsolete, and refer to the OC trade line that has expired.

<{POST_SNAPBACK}>

 

Thanks Why Chat, I can be a litle confusing, but I was referring to which lawyer not to deal with.

[genseeker]

I had a CA try to refer to CC as having a 5 yr SOL and I was referred to the TILA which defines CC as open-ended accts. So if that CA had tried to go after me, I planned to use that to support the 3 yr SOL.

 

I will say publically that the atty I am referring to above is from Danville, VA

[Shawnee]

Great info on VA issues. I'm going a little  since this is a good VA thread. Has anybody had experience in court with VA SOL and courts interpreting as 5 yr (contracts) vs 3 yr (open account) for CC/revolving debt? I went to court and successfully defended myself, because the CA attorney backed off and requested dismissal at the hearing. He said my legal arguments were off but the end result would be the same so the judge dismissed. The debt had gone past the 5-year SOL one month prior to filing, but I was prepared to argue the 3-year SOL. I have heard an dread that VA judges interpret both ways.

 

Before I start challenging my CAs, I want to be sure if I awake the sleeping giant, I don't put myself in jeopardy. BTW, I have 18 collection accounts, all of them between 3-5 years old.

 

Sorry for going off topic, but I'll plead newbie just this once. 

<{POST_SNAPBACK}>

 

We've discussed this 3/5 year business here many times. Since there are no specific definitions on what is a written contract versus an open account in the Code of Virginia, it's my position that the federal TILA Act defines a credit card as an open account for the purposes of litigation in state court.

 

If you really think about it, it is ridiculous to call a credit card a written contract. Written contracts spell out terms for a fixed amount to be paid over a specified time frame.