Timmay2

Lol.. sarcasm my friend.

Lary Ellis (Top)

Yeah right

steven

The Fair Debt Collection Practices act only applies to third party collection agencies. It does not apply to the bank, because the bank is the original creditor. It also does not apply to the credit card company itself. But, the credit card company handed it over to a collection agency (attorney included), and those entities are the ones that must comply with the act.

Now, regarding your question, this act is violated all the time. Because they have violated it, does not mean an immediate opportunity to get money from them. It is typically too costly for an individual to hire an attorney, most likely have to incur the cost to file a lawsuit, and then rely on the often inconsistent juries to find the case in your favor. Most likely the only benefit of the statute to you is (1) a tool to get them to walk away and (2) a possible cause of action if they continue to violate the act. Now keep in mind, they will claim they have never violated the act. That is why it is so important to collect documentation supporting the violation. Then you can pursuade them to walk away. I can tell you from experience in my office, that collection agencies fight those lawsuits agressively. But, when they know they have violated the statute, they will generally walk away or even offer to formally settle with each party walking away and each party to pay their own atty's fees. Here in Utah, juries are very conservative. In a more liberal area, like Michigan or Florida, the local view maybe different. I dont know what it is like where you are at. A local atty may see it differently (more in your favor in terms of cause of action to receive compensation).

V/R
Steve

gerry

Since it was an attorny.. or claimed to beand you got his name... try contacting your state bar association....

They get pretty serious about attorneys that violate laws or poor pratices..

spunbearing

It was suggested to you that you record any further conversations with the " attorney". I would suggest the same but let me add one more thing. You must notify him that he is being recorded or you will be in a whole new problem. If he refuses to be recorded simply tell him that you will discuss it further when he agrees to be recorded then hang up.

phox_mulder

Technically, only 1 party needs to know the conversation is being recorded for it to be legal.
(I think?)

Wiretaps are illegal because neither party knows they are being recorded.


phox

fredbert

Recordings without notification are admissable only as rebuttal evidence. So if he ever denies under oath having said such and such, case closed! Good luck and don't be intimidated.

eric13

A long time ago I had one of these scumbag lawyers who bought a debt call my house about 9:00 pm one night arguing over a debt I thought was paid. I simply hung up on him. Ten minutes later he called back with a 911 operator from my county on the line asking how to get ahold of my local police department. I thought this was BS so I hung up again. Five minutes after that the phone rings again and I answer it yelling and local cop was on the line with him this time. I live in a small town of about 1200 people,everybody knows everybody. I went to school with the cop. Well long story short the lawyer got a good tounge lashing from the officer for wasting his time. When the cop hung up and it was just me and the lawyer on the line he was actually upset that me and the cop knew each other on a first name basis and said he was going to report some kind of corruption to the court system.Never heard from him again. This really struck me as odd and didnt ever think a debt collector would go that far for a $30 cable bill that had obviously been sold to him.

doznfire

Tell him to pack sand, then hang up.

PanteraGSTK

I talked with my own lawyer yesterday and he said I need to go to the pres. of the bank in my area and demand that this be taken cae of. The lawyer said that the bank is required to report the fraud to the credit card since they issued it. The other thing he said is that since I told them to cancel the card and they did not follow through they are responsible for resolving the situation. I know I won't ever see a penny from the collection agency, and I was just saying that they had violations and I could site the violations with documentation. The lawyer also told me that if the bank president did not resolve the problem that I was going to sue the bank. I'm not sure what the lawyer is thinking, but I'm gonna do what he tells me. I get to yell at a bank president . I just hope he is resonable.

Forgot. If you read all of the above posts I said I talked to the bank manager about the employee they fired for falsly signing people up for the overdraft card. Well, I figured out why he wouldn't help me fix this mess. He is the one that was supposed to cancel my card and failed to do so. If he had done his job, NONE of this would have ever happened.

bamalam

Laws concerning recorded conversations vary by state. In both Texas and Federal Courts, as long as one party (i.e.: the person recording) is aware that the converstation is being recorded, it is admissable as evidence!

Additionally, if the collection agent is indeed an attorney, it would be admissable in any regulatory proceeding (i.e.: ethics, malpractice, and/or disciplinary committees) of the state bar, which are unencumbered by statuatory rules of evidence.

steven

Some states do not require you to have permission to record conversations. In utah, as long as you are a party to the conversation, you can record it without permission. You could call an attorney and ask them if your state requires disclosure/permission to record the conversation if you are a party to that conversation.

V/R
Steve

MCummings

That's funny right there.

I could imagine a lawyer asking the question now,, "And Sir, Were you aware that you were recording at that time?" LOL


Merrick

BigBlue

You mean I didn't record Survivor? Gosh darn it.

bamalam

Weeeelllllll....since you opened the door with that comment:

*****Stupid Lawyer Questions*****
The following questions from lawyers were taken from official court records nationwide...

Was that the same nose you broke as a child?

Now, doctor, isn't it true that when a person dies in his sleep, in most cases he just passes quietly away and doesn't know anything about it until the next morning?

Q: What happened then?
A: He told me, he says, 'I have to kill you because you can identify me.'
Q: Did he kill you?

Was it you or your brother that was killed in the war?

The youngest son, the 20-year-old, how old is he?

Were you alone or by yourself?

How long have you been a French Canadian?

Do you have any children or anything of that kind?

Q: I show you exhibit 3 and ask you if you recognize that picture?
A: That's me.
Q: Were you present when that picture was taken?

Were you present in court this morning when you were sworn in?

Q: Now, Mrs. Johnson, how was your first marriage terminated?
A: By death
Q: And by whose death was it terminated?

Q: Do you know how far pregnant you are now?
A: I'll be three months on November 8.
Q: Apparently, then, the date of conception was August 8?
A: Yes.
Q: What were you doing at that time?

Q: Mrs. Jones, do you believe you are emotionally stable?
A: I used to be.
Q: How many times have you committed suicide?

So you were gone until you returned?

Q: She had three children, right?
A: Yes.
Q: How many were boys?
A: None.
Q: Were there girls?

You don't know what it was, and you didn't know what it looked like, but can you describe it?

Q: You say that the stairs went down to the basement?
A: Yes.
Q: And these stairs, did they go up also?

Q: Have you lived in this town all your life?
A: Not yet.

A Texas attorney, realizing he was on the verge of unleashing a stupid question, interrupted himself and said, "Your Honor, I'd like to strike the next question."

Q: Do you recall approximately the time that you examined the body
A: It was in the evening. The autopsy started about 8:30 pm.
Q: And Mr. Edington was dead at the time, is that correct?
A: No, you stupid, he was sitting on the table wondering why I was doing an autopsy!