Does anyone know anything about collection law?

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  • punkncat
    One foot less
    • Feb 2003
    • 5841

    #1

    Does anyone know anything about collection law?

    A buddy of mine is having an issue with a collection agency, and I really don't know where to start with telling him what to do.
    I suggested he go to a lawyer, but they want $1500 just to talk to the other lawyer/agency and can guarantee no results.

    This has been an ongoing issue for a few years. The agency will collect for about six months and then stop and allow intrest to build up for several months and then resume. They refuse money from his employer during the "off" time even sending back refund checks, but then the amount goes up evey time they resume.
    Every attempt he has made at contacting them directly goes unanswered.

    Who can he contact regarding this to try and get results, but without having to spend a great deal to do so?
  • rkjunior303
    I need this more than you
    • May 2003
    • 4029

    #2
    Go to his state's attorney general's site and file a complaint.

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    • Lohman446
      Useful posts: 7
      • Jun 2003
      • 9315

      #3
      Have as complete of records as possible (including those refused checks) when doing so. Send a certified (signature required) letter detailing the complaint to the company.
      "Unless someone like you cares a whole awful lot, nothing is going to get better. Its not" - Dr Suess

      Comment

      • Hexis
        Green Mag Freak
        • Sep 2001
        • 2427

        #4
        Start here:
        We can't find the page you requested. Please visit the Consumer Information homepage and search for the topic you wanted to find.


        Here's the actual law:
        We’re sorry, we can’t find the page you're looking for.


        I would recommend he reads it. Once he has a good understanding of his rights, use them.

        Comment

        • punkncat
          One foot less
          • Feb 2003
          • 5841

          #5
          To be more clear, this is a judgement upon which they are collecting from my friend.
          The debt collector took the case to civil court which my friend was not notified of. After the proceeding which the collector was granted an absentee judgement I think was the term...anyway. The court system refused to take the defendants word that due notice was not given as it came down to this person's word vs. the word of an court appointed individual who was charged with serving the summons.
          The lawyer, whom said friend discussed this with, stated that disputing the validity of the appointed couriers claim was about the same as arguing the sun not to come up. No signature or other proof was required other than the word of this appointee. Common practice according to the lawyer for them to throw the things in a trash can, check off a list and get payed the next day for nothing. All of course in the favor of that individual and the parties for whom they are "working" for. Impossible to dispute because of course the person being served notice would deny it.

          So does a judgement still fall under fair debt collecting? I know that my friend said that you could not bankrupt from under a judgement, as it can just be renewed and collect intrest. But how can it be legal for them to stop collecting at will to allow this debt to increase?

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          • beam
            The end.
            • May 2001
            • 2036

            #6
            For excellent financial advice, I recommend: http://www.daveramsey.com/

            If you put "collection" in the search it will return some good stuff including a Q&A.

            Ramsey hates collection agencies and he knows their practices well.
            <---Should be banned for circumventing the cuss filter.

            Comment

            • Bang and Breach
              SALTED MELONS
              • Jun 2008
              • 142

              #7
              Taken from Beam's Link.
              ( http://www.daveramsey.com/etc/cms/q&...ors_7039.htmlc

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