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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90221
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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hey Paul .. Weve spoken before The POA filed a complaint

Customer Question

hey Paul .. We've spoken before
The POA filed a complaint .based on figures ifrom the first debt notif ltr from their lawyer, tied to the amt in the complaint for judgement.
The debt collectors?lawyers first notice to was full of errors etc .. the letter was dated feb 7 and gave me to feb 22 to respond or debt considered valid.. no 30 days to dispute..lkg for time to counter.. would letter which violates FDCPA, be able to get thrown out to make them start process over ..lkg for time is all
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question. I look forward to working with you again.

The creditor did not really have to give you any time to dispute the debt before suing over the debt under the FDCPA. However, it seems what you typed above got a bit jumbled up and is confusing and I am not sure what is going on from what you stated above.

Have they filed suit against you in court yet on this debt?
Customer: replied 1 year ago.

They filed a civil suit ... after going through the process of using a lawyer to send the debt collection notice with acceleration, then filed lien .... then civil suit.


 


The civil complaint is based on the document I received on February 7th, 2013 which was from a debt collector( the lawyer) ... in his letter he gave me until the 22nd to respond or he would consider the debt valid and not in dispute etc etc ...


 


Their complaint is tied directly to this letter ... A copy is attached to the summons/complaint. ( same lawyer filed the complaint)


 


The letter is the only document they use to support their claim for a judgement of X.


 


If the initial letter dated Feb 7th, 2013 was just any other debt collection letter ... with none of the other details I've provided ... would that letter that violates the FDCPA in regard to the 30 days to respond, ( there are many others .. that seems the most relevant), be something a debtor could sue the lawyer or creditor, but more importantly to take further action based on this letter ... would this letter not have to be corrected and the process start over again .. thus giving my lawyer the extra time he needs. I'm looking for added time , not to dissolve the debt

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up clarification.

The failure of the collector to provide you the 30 day time to respond to the debt demand would appear based on what you are saying above to violate Section 809 of the FDCPA (see: 15 USC 1692g). You need to respond with a motion to dismiss the suit for failure to provide you the appropriate time under the Act to submit your objection. Furthermore, they also have to have proof of the debt being your debt, such as signed agreement and an itemized statement proving the amount of the debt and they cannot use this letter as proof of the debt as all it is would be proof of the demand to collect on an alleged debt.



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Customer: replied 1 year ago.

They did attach their validation of the debt .....


 


but the validation was based on the debt collection letter from February 7th ( the validation letter arrived 60 days after my request, 30 days after lien filed, 90 days after their first letter .. i realize it doesn't matter ..but validated amount is filled with charges that are fabricated to back into the February 7th lette.


 


The contract portion doesn't even have my signature, or is it dated .. they used a copy that didn't include a lot of pages nor my signature page. .. pages 2-8 are replaced by the pages from the initial package from the declarant ( this was new building) Not sure why they'd think cobbling together different documents, one that isn't even recorded is appropriate.


 


So with those two other documents in mind ...


 


Still a valid argument to just target their initial debt collection letter, and seek relief per your previous message,( i noticed the error way back when, but I"m pretty sure I have no reason to notify them ... :)


 


looking for time .. and most likely a new lawyer .. the fact im doing this research on here should tell me find someone else :)

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, you would target their letter IN ADDITION to the fact that their documents allegedly validating the debt do not prove the debt is yours or the amount of the debt.
Customer: replied 1 year ago.

One last question ... one item per their debt collection is a statute of limitations issue ... something I believe i paid 6 years ago anyway, they can't legally try to collect that 6 years later .... but thats an easy one to challenge.


 


the other fee's all misc legal fee's ect ... ive asked for the invoices because I know they dont exist and they've ignored these requests ... It's been impossible to dispute the debt per line item because they won't provide the detail. Do I have the right to ask for invoices? I'll assume I do.


 


The forensic accountant has a handful of other charges that can't be viable also ....


 


Odd question to ask .. Writing a complaint or a counterclaim ... how long should that take a lawyer to do ... mine seems to never have it done, it's been promised 7 times now over 5 months .. with 14 days left .. finding another attorney and getting something in response is difficult ... My lawyer says not to worry though I know he knows little about the case ... Is the counter/answer something that will answer their broad allegations ... or will his counter need to be filled with details etc.... The case is involved because of the over the top actions of the condo association and PM .. all three of them .. but the details are the key to making the whole 3-1 issue not an issue in regard to credibility ... With what I've said and in mind ... a counter should be how detailed? And how long should it take to counter a breach of contract claim for a qualified lawyer? Just a guess ..


 


Thanks again, your information has been invaluable to someone who's been doing all the research by himself ...


 


You don't have a referral in the DC area ... this is a ridiculous but interesting case for a lawyer I'd think ... thanks again .. Jim


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the response. The DC statute of limitations on collection of a debt on a contract is 3 years from date of last payment. Thus, if the debt is older than that then you should be filing a motion to dismiss.

The length of time it takes an attorney to draft a counterclaim depends on how busy they are at the time. A simple objection to a complaint or motion to dismiss can be done in a few hours. However, this depends on if any legal research needs to be done and on how many other things they have to do at the same time.

Unfortunately, we cannot make personal referrals as it is forbidden by the rules of this site. The best we can do is suggest the same sites used by other attorneys for you to find a local consumer protection attorney, http://www.martindale.com, http://www.lexmundi.com or http://www.hg.org.
Customer: replied 1 year ago.

Thanks Paul your great .. besides giving you a rating can I tip you/pay you when I've signed up for this subscription deal.


 


Sorry for asking .. but why would the condo association The Southerland let the property manager represent them in the complaint.


 


It's me vs the Southerland c/o Harold Huggins realty ..... seems very odd, is he protecting himself by being in charge so to speak ....any reasoning the POA and BOD's would want this .. beyond they think he knows what he's doing so he'll protect them .. he's dealt with the lawyer exclusively ... haven't even notified the DO insurance folks .... the condo association is paying a private attorney to represent the property manager and themselves in a civil action ... have you seen the c/o property manager .. were a building of four units .... Does this protect anyone but the property manager ? Sounds nuts for the unincorporated POA ... anyway ...your awesome ... care to write a response to a complaint via phone interview etc :) Their should be a service like that .. though I suppose the liability issue may make it impossible.


 


 


 


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for you response. Please understand that experts receive nothing unless they receive a positive rating. The payment of the subscription service fee just means you pay one monthly fee no matter how many questions (within reason) you ask, but the expert receives nothing until you leave them feedback (it does not cost you more to leave feedback, unless you leave a tip which is in addition to the subscription).

The association should be represented by an attorney in everything but a small claims case. The property manager can stand in to represent the board with the association's attorney as he is hired to represent the association. The BOD can use the property manager to handle these suits on behalf of the HOA and they usually hire a property management company to deal with these cases.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90221
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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