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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37098
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I need some legal advice on a small claims that I have filed

Customer Question

Hello, I need some legal advice on a small claims that I have filed in Willis, Texas. On May 18, 2016 I sue Home Advisor, Golden, Colorado. I had them legally serviced. I would like to know can Home Advisor turn me over to collections from Ohio Collection Establishment. Since I filed 1st. Can they legally do that.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

Customer: replied 1 year ago.
I am waiting, thank you, ***** ***** me.
Expert:  Barrister replied 1 year ago.

Ok, are you saying that you are disputing a debt with a merchant and have filed suit and they then turned the debt over to a debt collector who is now trying to collect from you before the suit is heard?

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thanks

Barrister

Customer: replied 1 year ago.
Correct.
Expert:  Barrister replied 1 year ago.

Ok, then from a purely legal perspective, there is no law that would prevent them from turning the account over to a collection agency. There is no type of legal "stay" that occurs when one party files a lawsuit to prevent the other party from trying to collect.

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However the debt collector is governed by the Fair Debt Collection Practices Act and you can notify them not to contact you unless they "validate the debt" by providing information from the original creditor stating answers to the following questions:

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What the money you say I owe is for;

Explain and show me how you calculated what you say I owe;

Provide me with copies of any papers that show I agreed to pay what you say I owe;

Provide a verification or copy of any judgment if applicable;

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account

Show me that you are licensed to collect in my state

Provide me with your license numbers and Registered Agent

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If they don't provide that information to you, then they have to stop contacting you under the FDCPA or you can sue them for $1,000 per contact after that.

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thanks

Barrister

Customer: replied 1 year ago.
I sent a cerified US Postal Letter, today. Explaining that I was going to court & made a request that they should not contact me & this was a consumer & commercial litigation case.
Customer: replied 1 year ago.
Also, I made a Request for Production, to the Judge & Home Advisor & the collection agency.
Expert:  Barrister replied 1 year ago.

Ok, if you sent that to the collection agency, then they have to either validate the debt or they have to stop any contact.

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But the request for production is part of the civil case and not part of any collection action that the debt collector is engaging in. That is what the request for "validation of the debt" is for with the collection agency.

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thanks

Barrister

Customer: replied 1 year ago.
I did request a validation of the debt. Whay if the judgement is in my favor, does the collections go away.
Expert:  Barrister replied 1 year ago.

Yes, if you win the suit, then the judgment goes in your favor and the creditor has to notify the debt collector to cease all activity as well as notifying the credit reporting agencies that the debt is invalid and any entry should be removed from your report.

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thanks

Barrister

Customer: replied 1 year ago.
You have been excellent advise, Thank you, ***** ***** God Bless & God Speed! Peace Be with You!
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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All the best to you and yours.

Barrister

Customer: replied 1 year ago.
Forget, Sorry. Home Advisor has no sign contact with me, however, they are stating that because I said my name , & recorded it that I am agreed to the terms, however, their employee Megan stated there were no fees for referrals or leads for jobs. I did logged & record dates & times & and day, and what she said.
Expert:  Barrister replied 1 year ago.

Ok, then that is something that you would have to bring up in the civil suit to use as evidence.

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Thanks

Barrister