Collection Agency threatening to take me to court on a $360 debt- left these threats on my answering machine loud and clear so probably my next door neighbor heard.....any ideas
Country relating to Question: United States
State (if USA): California
Maybe, exactly what did message state on the answering machine?
We have mae many attempts to reach you by phone - so if you do not call and make arrangements to pay by today actually - we will close your case here and turn it over to go to court - and ding your Credit Report as well.
They said all this on older type anwering machine - neighbor can easily here these messages.
I already called a Consumer Protection Lawyer and he will take my case and go after them on that - but what about the actual claim of suit??
First, as to a Breach of Contract action in CA - that the credit must file suit within 4 years of the date when you should have made a payment but didn't. If they don't file suit within 4 years - they are too late.Second, as to a violation of the Fair Debt Collections Practices Act -The following is a summary of possible violations:
20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
Yes I have read all the above in my own research and have an attorney ready to go after them for FDCPA & Rosenthal Act here in CALIF!! It was my understanding that leaving a message on answering machine was a violation of
I think they are bluffing - collection agencies don't go to court. If it was a law firm - then yes, they would sue you certainly.Collection agencies just like to intimidate you.Good point - I agree that it would be an acceptable message IF the debt collector knew no one else would hear the message at your home - that you lived alone. However, if you live with another person - that message violated the FDCPA.They can only leave a message for you - their name, company, and telephone number - anything beyond that is a violation of the FDCPA.I would sue if you live with anyone.
"They can only leave a message for you - their name, company, and telephone number - anything beyond that is a violation of the FDCPA."
That is interesting - and they certainly went beyond that.....
I guess they can ding my credit - but believe that has already happened.
I live with my wife - and she was very upset over this call - not sure she counts?? does she??
I believe they are bluffing as well - how much time to they have to file a law suit - after stating that are going to do so??
Will leave you a BIG happy face!!
She counts!!! That's a third person according to the FCDPA.They have until the Statute of Limitations expires - the creditor (or their assignee) must file suit within 4 years of the date when you should have made a payment but didn't.So, I would hope that they file suit - then file a counterclaim. Let them pay the costs of filing and serving you - then you file your counterclaim against them.Please - rate me with 3 happy faces or more for my answer! Thanks!!
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