Posts Tagged ‘unfair’
Recording collection calls
It is legal to record phone calls, but we advise that you do not, and we suggest that this article is a good starting point on why not.
A summary of Herring and Watts article is that in some states where collectors operate, it is illegal to record without the consent of all parties, and it is not strictly necessary- your testimony is admissible.
Virginia law is that any party to a conversation may record. VA Code §19.2-62.
Federal law is that any party to a conversation may record. 18 U.S.C. §2511.
There are 10 states that require that all parties to a conversation must consent, or the recording is criminal. California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington each require the consent of all parties to record. The balance allow anyone who is a party to the conversation to record.
In ALL states and by Federal law, recording a conversation that you are not a party to (eg: recording your next door neighbor’s conversation) is criminal. There are exceptions in criminal justice, when the government obtains a warrant for a wiretap, but generally, it is illegal.
It is often very difficult to determine what state the collector is located. Further, even if you are located in a 1 party state, and they are located in a 2 party state, the question then becomes what law applies.
As a result, we agree with Herring and Watts, and say that even though it is legal, we advise that you should not record your conversations. In the event that you do record, we advise that you disclose that you are recording, and tell the collector that by staying on the phone that they are consenting to being recorded.
Your notes of a call are perfectly good records of what happened. Here is a link to a form for tracking calls, and making notes of what happened.
Also, you can have other people listen to your side of the conversation, or even participate in the conversation.
If you have been impacted by anything we mentioned here, you can make an appointment to see us.
NO FEE IN YOUR FDCPA CASE UNLESS WE RECOVER!!
KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.
If you are not a Virginia Resident, click here to find a lawyer near you.
OUR LEGAL FEES:
The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.
Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230
Being sued by a creditor
A potential client called today, and complained that he had hired a lawyer to do some work for him, and that the lawyer was now suing him for his fees.
He complained, not because the attorney was suing for his fees (there are some lawyers who do this, even though this is discouraged), but because the lawyer had not played fair in suing him. Apparently, the lawyer had sued, and then sued again, and the potential had not gotten served properly, but the lawyer had taken judgment against him. The potential was very upset, and contacted the lawyer, and made payment arrangements, and made some of the payments. Then he checked his credit report, and discovered that the lawyer had gotten a judgment, and the judgment was on his credit report. So he called, and communicated with the lawyer, and the lawyer had stated he would take care of it. Then it appears, he marked the judgment satisfied. But the client was unhappy, and he refused to pay any more. So the lawyer sued again.
I turned this case down. The lawyer was collecting a debt owed to him. One of the important features of the Fair Debt Collection Practices Act is that it only covers third party collectors. That means that although lawyers are covered when they are collecting money owed to someone else, if the money is originally owed to them (for example for fees earned), they are not debt collectors, and not subject to the act.
Remember, if you are being harassed by a debt collector, you need to know your rights. But remember that they have very powerful options, too. Virginia has very limited consumer rights. Most of the rights are given to creditors.
If you have been impacted by anything we mentioned here, you can make an appointment to see us.
NO FEE IN YOUR FDCPA CASE UNLESS WE RECOVER!!
KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.
If you are not a Virginia Resident, click here to find a lawyer near you.
OUR LEGAL FEES:
The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.
Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230
Sued on an OLD debt?
Attorney debt collectors are not exempt from the law just because they are lawyers. They actually have a slightly higher standard of care that they must engage in to comply with the law. They must make sure that what they do to collect not only complies with the rules of collection, but also the rules of ethics.
The statute of limitations is a rule that sets the time for a someone to sue to collect. It is not a time limit to collect, or garnish, or take other collection activities, but to file the lawsuit. And the time varies from jurisdiction to jurisdiction and circumstance to circumstance. The time to sue on a credit card in Virginia is different from the time to sue on a defaulted car note in California. Beyond that time, the debt is barred by the statute of limitations.
The Fair Debt Collection Practices Act prohibits misrepresenting the amount, character or legal status of a debt in an effort to collect on that debt.
But on a regular basis, they do sue on debts that are time barred. For example, in this article, National Credit Adjusters threatened to sue on time barred debt. Here is another article on time barred debt.
When they sue, they are representing to you and the court that they have the legal right to sue. That the time has not passed. But if it has passed, they are making a false representation.
It is not unethical to sue on a time barred debt in Virginia. Do not make the mistake of making a complaint to the state bar. This is because in Virginia, the statute of limitations is an affirmative defense. That means that YOU must bring it up to be an effective bar against collection.
Krumbein Consumer Legal Services, Inc., is happy to help consumers who have been impacted by debt collection attorneys who have sued after the expiration of the time to sue. The facts and law vary from case to case, so it is important to contact a lawyer before the gavel falls, so if you are sued in Virginia, make an appointment to see us soon.
If you have been impacted by anything we mentioned here, you can make an appointment to see us.
NO FEE IN YOUR FDCPA CASE UNLESS WE RECOVER!!
KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.
If you are not a Virginia Resident, click here to find a lawyer near you.
OUR LEGAL FEES:
The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.
Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230
Who owns your house?
Some people chose to surrender the house after they file for Bankruptcy. Some because they can no longer afford it, some because it was a bad financial decision. However, they have a problem, one that is growing nationwide.
The mortgage company has not foreclosed, and they will not accept a deed in lieu of foreclosure.
You still own the house after your Discharge.
The problem is that you will still incur real estate taxes (if you live in a jurisdiction that taxes real estate), you will still incur and owe home owners association (HOA) dues. You will still be responsible for events that happen on the property, everything from people slipping and falling to county assessments for failing to mow the grass.
http://www.fdcpa.me/mortgage-forclosure-after-flbankruptcy/
Some people move out, even though they are incurring taxes, HOA dues, and other expenses.
Some people beg the mortgage company to take the house.
For example, one of my clients tried to allow the foreclosure before she filed for Bankruptcy. We even called the day before the foreclosure, to make sure the foreclosure was still on. We explained that she was out of the property, and was not intending to keep the house. They called off the foreclosure, because the mortgage company did not want to be on the hook for the real estate property taxes, HOA dues and potential losses.
Remember, the owner of record is responsible for real estate taxes, HOA dues, and any thing that happens on the property.
So we waited to file the Bankruptcy, figuring they would reschedule some time soon. And we waited, and waited. Finally, my client was unable to wait any more, so we filed a Bankruptcy. STILL no foreclosure.
Another client filed Bankruptcy just before the foreclosure. Of course, the foreclosure was stayed. Then, they moved for permission to foreclose. The judge asked some questions about who owned the note. The motion was continued. The Chapter 7 the client filed was Discharged. Still no foreclosure. The case was closed. Still no foreclosure. But this client was a bit wiser. She continued to live in the house, without paying the (now Discharged) mortgage for 2 more years. It was only when they had foreclosed and filed for eviction that my client left.
Why did we advise her to stay that long? Because after the foreclosure sale, the Bank bought the house back, and did not file the deed of foreclosure. She still owned the house, so she paid the HOA dues and taxes, and maintained some insurance. The bank did not want the house, they wanted the money, and if the bank owned the house, they would have to keep the house maintained, keep the real estate taxes and HOA dues paid, and be responsible for the property. So she got to live there for almost free for almost 3 years, and the Bank did not have to pay the real estate taxes, HOA dues or maintain the property.
Our advise is that for most people, they should continue to live in the property until the foreclosure deed is filed with the county, and you can only be assured of that by being evicted. Pay the real estate taxes, pay the HOA dues, keep the water and electricity on, and keep the home owners insurance up to date. Don’t move out until you have to. The taxes, insurance, fees and dues are much less than rent anywhere, so save yourself some money. File the Bankruptcy if that is what you need to do, but don’t move out.
KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.
OUR FEES: Our fees are controlled by the local rules and your situation. They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.
If you are not a Virginia Resident, click here to find a lawyer near you.
Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd. Suite 102
Richmond, VA 23230
Fixing Credit Report Errors
The Fair Credit Reporting Act is designed to protect consumers from inaccurate or outdated information on credit reports.
CONSUMER REPORTING AGENCY REINVESTIGATIONS and The Fair Credit Reporting Act
All references to code sections are courtesy of the Legal Information Institute at Law.Cornell.edu.
The Fair Credit Reporting Act requires the Credit Reporting Agencies, or Consumer Reporting Agencies to conduct a reinvestigation and the procedures around that reinvestigation.
The section that discusses the requirements for reinvestigation of a disputed item is 15 U.S.C. §1681i.
As usual, we start with the statute. Please note that we will only be reviewing the section on reinvestigations, so the rest of the section will not be reprinted or discussed.
This section requires the consumer credit reporting agencies to have procedures if they are unable to verify information, or if they discover that information is inaccurate.
It requires that the information that they cannot verify be deleted or changed, and that information that is inaccurate be changed or deleted.
An example of unverifiable information is where the furnisher of the information provides information that a person has failed to make certain payments (ie: been late) on a debt, but is unable to provide the records that show that the person has not made those payments.
In this case, the consumer credit reporting agencies must remove the information that the person has failed to make those payments. They have to report that the person is current.
Another example of inaccurate information is an account created by identity theft. Clearly, it is not accurate to report that a person owes money to a certain creditor when that account was opened by someone else. In this case, they must delete the inaccuracy, and remove all reference to this account.
If you have been impacted by anything we mentioned here, you can make an appointment to see us.
NO FEE IN YOUR FCRA CASE UNLESS WE RECOVER!!
KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.
If you are not a Virginia Resident, click here to find a lawyer near you.
OUR LEGAL FEES:
The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.
Contact us by e-mail or by telephone or fax or US Mail. You can call us: 804.303.0204 You can fax us: 804.303.0209 You can contact us by US MAIL: Krumbein Consumer Legal Services, Inc. 5310 Markel Rd. Suite 102 Richmond, VA 23230
Bankruptcy Required Certifications
Certifications Required By the Bankruptcy Code
Consumer Bankruptcy has certain requirements that a person must undertake, in order to file for Bankruptcy, and to obtain a Discharge.
To be eligible to file for Bankruptcy, you must seek, and obtain Credit Counseling from an entity certified by the office of the US Trustee. You can get a list of certified agencies here. The fee is regulated by statute, and is permitted to be no more than $50.00 per person. Hummingbird Credit Counseling charges $49.00 for an individual or couple, but they do not e-mail the certificate to your lawyer. Cricket Debt Counseling charges $36.00 and e-mails your lawyer when you complete the class, so your lawyer can download the form at their convenience.
In order to obtain a Discharge, you must take a class on Personal Financial Management, or Debtor Education, after you file, but not later than 45 days after your meeting of creditors (normally 30-45 days after your Bankruptcy is filed). Once again, the agencies must be certified by the Office of the US Trustee. You can get a list of certified agencies here. Hummingbird Credit Counseling charges $19.00 per person, but they do not e-mail the certificate to your lawyer. This can get things confused if you do not call your lawyer when you complete the class. Cricket Debt Counseling charges $24.00 and e-mails your lawyer when you complete the class, so your lawyer can download the form at their convenience.
Krumbein Consumer Legal Services, Inc. makes it easy for you. Our fees include the cost of both Credit Counseling and Personal Financial Management through Cricket.
Also, if you have chosen to file a Chapter 13 Bankruptcy, you must certify certain other things, pursuant to 11 U.S.C. §1325. In order for your plan to be confirmed (have the judge approve of your repayment plan), you must certify that
1- you have paid all of the child or spousal support that has come due since the filing of the Bankruptcy
2- You have filed all tax returns necessary for the last 4 years.
A sample certification for this for the Eastern District of Virginia can be found here.
Further, in order to get a discharge, you must certify some different things pursuant to 11 U.S.C. §1328.
1- That you have not obtained a Discharge under another code section within 4 years of the date you filed Bankruptcy or a Discharge in another Chapter 13 Bankruptcy filed within 2 years of filing this case.
2- That you did not have more than a certain amount of equity in your homestead.
3- You have not been charged with certain financial crimes described in 11 USC 522[q][1][A] or been accused of financial abuse described in 11 USC 522[q][1][B]
4- You have paid all of your child and spousal support since the filing of the Bankruptcy.
A sample certification for this for the Eastern District of Virginia can be found here.
Krumbein Consumer Legal Services, Inc does NOT charge extra for the filing of these forms. Additional fees may apply if you have not complied with the requirements as set out in the Bankruptcy Code.
KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.
OUR FEES: Our fees are controlled by the local rules and your situation. They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.
If you are not a Virginia Resident, click here to find a lawyer near you.
Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230
Actual Damages for FDCPA
The Fair Debt Collection Practices Act is designed to protect consumers from abusive or harassing conduct, false or misleading statements or unfair act by Debt Collectors.
What is “actual damages” are available under the Fair Debt Collection Practices Act?
As usual, we start with the statutory definition. Thanks to LII.
15 USC §1692k[a] says that a debt collector must pay 1- actual damages, 2- statutory damages of up to $1000.00 and 3- Attorney fees and costs.
What does this mean for you?
Attorney fees and costs. The truth is that this is why lawyers take these kind of cases at all. The bad guy pays the fare for the cost of litigating these violations. The courts have held that as long as we are reasonable, that the way to calculate our fee is based on the “Lodestar” calculation of the amount of time it took (assuming reasonable) and multiply that by the hourly rate (which also must be reasonable. (see generally, Hensley v. Eckerhart, US Supreme Court[courtesy of Justia.com]). In many states, including Virginia, it is against the Rules of Professional Conduct (rules of ethics) for us to share our fees with clients. (See RPC 1.5.), however, we are permitted to take most cases on a contingency fee basis.
Statutory damages of up to $1,000.00. If a debt collector violates the Fair Debt Collection Practices Act, they must pay a fine to you. The question becomes HOW MUCH fine. The case law on the Fair Debt Collection Practices Act is clear in that it does not matter if they have caused damages to you—you do not have to suffer any actual damages—in order for you to be entitled to statutory damages. Similarly, the maximum you can recover in statutory damages is $1,000.00. You may recover less, depending on the circumstances. The Fair Debt Collection Practices Act requires the judge or jury to decide on a 3 factor test of 1-the frequency of non-compliance, 2-the nature of the non-compliance and 3-the extent to which the non-compliance was intentional to determine how much of the $1,000.00 you would be entitled to recover. However, the case law on the Fair Debt Collection Practices Act is NOT clear on the question of HOW MUCH. If they violate the law in more than one way, the majority of cases say that you are entitled to one recovery no matter how many violations they commit. PUNTIVE DAMAGES ARE NOT AVAILABLE.
Actual damages are hard to describe, they are anything that is an actual “out of pocket” expense. Examples are
Expense of a collect phone call or text message.
Money that you pay that you do not owe
Money for a lawsuit that is beyond the statute of limitations
Fee for collection that you should not have to pay or is prohibited by law
Other kinds of damages that vary from case to case, and jurisdiction to jurisdiction
Emotional distress damages. In some jurisdictions, you must show extreme damages, in others, only that there was some impact. Emotional damages are very hard to value.
So, you can see, actual damages is almost anything, which makes it hard to describe.
If you have been impacted by anything we mentioned here, you can make an appointment to see us.
NO FEE IN YOUR FDCPA CASE UNLESS WE RECOVER!!
KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.
If you are not a Virginia Resident, click here to find a lawyer near you.
OUR LEGAL FEES:
The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.
Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.673.4358
You can fax us: 804.673.4350
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
1650 Willow Lawn Drive
Suite 300
Richmond, VA 23230
Virginia Payday Loan Act Overview
The Virginia Payday Lender Act (VPLA), §6.2-1800 et seq., is a statute created to regulate the way payday lenders in the Commonwealth do business, and to protect consumers from unfair practices.
The VPLA governs the conduct of payday lenders. The law defines a “payday loan,” and then regulates the behavior of persons who “engage in the business of making payday loans.” A payday loan, then, is defined as a “small, short-maturity loan on the security of” a check, a bank account, or your income.
Businesses that make payday loans are required by the VPLA to register with the State Corporation Commission. Under the statute, this also includes payday lenders on the internet doing business in Virginia. Payday lenders are also required under the Act to follow rules regarding the loans that they make to consumers.
First, the VLPA set limits on the interest rates that a payday lender can charge. (These interest rates can vary depending on other statutes, though; for example, interest rates for active duty military personnel are different). It also limits the fees that they can build into the agreement. Also, consumers have the RIGHT to start making payments (with a minimum of $5) before the date the loan is due without penalty.
Furthermore, there are additional rules regarding how the payday lenders can treat a consumer when they’re collecting on the loan. Like the federal Fair Debt Collection Practices Act, the VPLA prohibits harassment or abuse, false or misleading statements, and unfair collection practices.
If a payday lender violates any of the rules outlined above, the consumer is entitled to bring suit in Virginia state court. The law entitles a consumer to actual damages, statutory damages, attorneys’ fees, and court costs. In addition, any written agreement terms that violate the VPLA are unenforceable against the consumer.
Don’t let payday lenders take advantage of you. You have RIGHTS and you should exercise them. At Krumbein Consumer Legal Services, we want to be your advocate. We will stand up to the lenders on your behalf to make sure that your rights aren’t violated, and that you get compensated when they go too far.
YOU MUST BE A VIRGINIA RESIDENT.
If you are not a Virginia Resident, click here to find a lawyer near you.
OUR LEGAL FEES:
The rights afforded to you, as a consumer, under the VPLA and the VCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.
Contact us by e-mail or by telephone or fax or US Mail.
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd. Suite 102
Richmond, VA 23230
804-303-0204
804-303-0209 (fax)
The Problem of Debt Collectors Who Claim to Fix Your Credit
A friend of mine worked very hard to talk about the problem of debt collectors, credit reports and debt collectors.
If you have be the victim of a debt collector who has lied to you and told you that paying an old debt would improve your credit, or that they could remove the negative information, please contact us.
NO FEE IN YOUR FDCPA OR FCRA CASE UNLESS WE RECOVER!!
KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.
If you are not a Virginia Resident, click here to find a lawyer near you.
OUR LEGAL FEES:
The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.
Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.673.4358
You can fax us: 804.673.4350
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
1650 Willow Lawn Drive
Suite 300
Richmond, VA 23230
What are your rights for obtaining validation of the debt under the FDCPA?
The Fair Debt Collection Practices Act is designed to protect consumers from abusive or harassing conduct, false or misleading statements or unfair act by Debt Collectors.
What validation rights do you have under the Fair Debt Collection Practices Act?
As usual, we start with the statutory definition. Thanks to LII.
Read the code section- 15 U.S.C. §1692g here 15 US Code section 1692g.
When the debt collector contacts you the first time, they must send a notice, called a validation notice, or 30 day letter, which gives you 30 days after you receive the letter to dispute the debt.
If you dispute the debt, they must do certain things before they get back in contact with you, but remember, if you take longer than 30 days, they do not have to do anything. For example, if they send the letter January 1, and you don’t tell them that you dispute until June 1, they do not have to validate the debt.
But what is “validation”? It is nothing more than confirming with the creditor that you are the correct person to collect from, and that the amount is correct. They check just a few things. A debt collector must contact the creditor (read here on the difference between a creditor and a debt collector), and check your name, maybe your social security number, and the balance. That’s all they have to do.
Usually, they will send you “validation”.
On the other hand, if they fail to provide validation, and they continue to collect, they are violating the Fair Debt Collection Practices Act.
Some examples where this is a violation-
- If they don’t ever send you a letter that explains your right to dispute. This is a violation of the Fair Debt Collection Practices Act. This is a case that is hard to prove, and in many cases, it is done by smaller debt collectors, often overseas. They are hard to sue, even for good violations because they are hard to notify that they are being sued, and even if you do sue them, they are overseas, so your ability to collect from them is often very limited.
- If they send you a letter, and you dispute, and they ignore your collection letter, and keep writing, or calling, etc. This is a violation of the Fair Debt Collection Practices Act.
- If they send you a letter, and you dispute, and they ignore you letter, and sue (this is only possible if they sue, for example, lawyers, and debt collectors who sue in their own name.). This would be a violation.
- If they send you a letter, and you dispute, and they see that you are a different person from the person who owes the money (eg: different name, or different social security number), and they continue to collect. This is a violation of the Fair Debt Collection Practices Act.
There are some notable exceptions. The key one being check collectors who are parading as prosecutors. Check collectors who are pretending to be prosecutors have their own special exemptions. They are not covered by any of the above IF the accounts are being actually reviewed by a lawyer in the office of that prosecutor. 15 U.S.C. §1692p
If you are contacted by a collector, you should keep track of all of the statements that he made (you can use our form or just write it down), and send them a letter asking for more information, called validation of the debt. There is a sample here, and a dispute noting that you have a lawyer here. Note that not all the questions must be answered.
If you have been impacted by anything we mentioned here, you can make an appointment to see us.
NO FEE IN YOUR FDCPA CASE UNLESS WE RECOVER!!
KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.
If you are not a Virginia Resident, click here to find a lawyer near you.
OUR LEGAL FEES:
The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.
Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.673.4358
You can fax us: 804.673.4350
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
1650 Willow Lawn Drive
Suite 300
Richmond, VA 23230