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Consumer protection issues & questions (debt collector

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Consumer protection issues & questions...
Consumer protection issues & questions (debt collector seeking judgment)
Submitted: 1 month ago.Category: Consumer Protection Law
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Answered in 1 minute by:
3/21/2018
Consumer Protection Lawyer: LegalGems, Lawyer replied 1 month ago
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 12,570
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Consumer Protection Lawyer: LegalGems, Lawyer replied 1 month ago

Hello; what is your question please?

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Customer reply replied 1 month ago
Hello, I am in the process of answering an alleged debt from a debt collector. I've been served and I have found several inaccuracies/flags in the claim. The first is when I visited the Plaintiff's attorney website they too are a collection agency. I believe that they are the new owners of the debt and are deceive the Courts by pretending to be simply Attorney's for the Plaintiff. (2) They are using a personal email as contact when the email address on the website has the word collections in it's name (i.e.***@******.***) (3) The statement of claim is just asking for an amount, it doesn't state the basis for a lawsuit.
Consumer Protection Lawyer: LegalGems, Lawyer replied 1 month ago

What state is this please?

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Customer reply replied 1 month ago
Georgia
Consumer Protection Lawyer: LegalGems, Lawyer replied 1 month ago

The FDCPA applies to debt collectors, including attorneys; please see:

Who is a debt collector?
Under the federal Fair Debt Collection Practices Act (FDCPA), a debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts, as well as collection agencies and other companies that collect debts for other businesses. The FDCPA does not apply to a creditor collecting its own past-due accounts.

http://www.consumer.ga.gov/consumer-topics/debt-collectors

As such the debt collector cannot misrepresent facts as to the debt.

specifically:

False or misleading representations. Debt collectors may notmisrepresent the truth. A debt collector cannot pretend to be anyone except a debt collector. The collector must tell the person who allegedly owes the debt that the debt collector is trying to collect the debt and may not deceive you by:

  • using a false company or creditor name;

That information is from the same web site, and exposes the collector to penalties of $1,000 per violation.

This explains consumer rights:

http://consumer.georgia.gov/news/articles/view/8-things-debt-collectors-won-t-say

The defendant would need to admit, deny or state that they have no knowledge as to the assertions. Then any affirmative defenses are asserted in the case (ie statute of limitations has expired; payment was rendered; no legal basis for the claim - example such as failure to state a claim).

Here is a helpful video

The plaintiff has the burden of proof to convince the court of the existence, validity and amount of the debt.

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Customer reply replied 1 month ago
I'm sorry, I'm seeking defenses I can state regarding their email change, them being a collection agency as well?
Customer reply replied 1 month ago
Etc.
Consumer Protection Lawyer: LegalGems, Lawyer replied 1 month ago

I'm not sure of your last question-

you are asking what the defense would be regarding an email change?

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Customer reply replied 1 month ago
I'm asking what defenses I can use with the Plaintiff's trying to use a personal email address trying to not appear as a Collection Agency with the courts. Also, the signature for the Attorney say's John Q. Public and the email address is***@******.*** is there not something wrong with this?
Consumer Protection Lawyer: LegalGems, Lawyer replied 1 month ago

A small law office may use their personal email or an email that does not sound quite as professional; there is no regulation on that.

The defense can be asserting a violation of the FDCPA referenced above but that won't excuse the debt; it will only allow the court to fine a party for violating the Act.

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