Not my debt

[percias]

What is the name of your state? Iowa
I recieved a letter from a "law firm" collection agency in my book dated August 5th. I sent a registered letter signed August 25th disputting this claim and also requesting a copy of the alleged bounced check. The company never resonded with a copy of the check and has sence sent a second notice uping the amount owed saying I never contacted them.
I do not feel this is my debt for several reasons. I did not have a bank account at the institution the bad check came from in the time frame they are speaking of and the address they have was not my address at that time.
My bank has even called to explain that the account number that was given them wasn't even a valid account number. They are stating that there are only two things that can happen either go to court so I can see the check or pay the money and maybe I'll get it the money back after verifying the debt is not mine.

WHAT CAN I DO TO STOP THIS short of hiring a lawyer??? cause if I do that I better see some money out of all the harrasement they have caused me....

[bigun]

Who is the ca? National Check Control or, JBC and Associates?

[JETX]

Send the collection agency a request for validation of the debt. A good sample letter can be found at: [url]www.creditinfocenter.com/forms/[/url]

Modify as needed to request a copy of the check itself and any records supporting their claim that this is your debt. Also, include a statement that any further contact prior to their complying with the FDCPA 'validation' could subject them to civil litigation and complaints to the appropriate governmental agencies.

Send your letter by certified RRR. Keep copies of ALL documents.

[percias]

It is JBC and ASS..

I have sent a letter already stating I do not feel it is my debt and requested a copy of the check along with the address and name of the business in question. They just say that I did not meet the 30 day deadline. Egg on their face I sent the letter within the 30 days and have a certified letter card to prove it.

[JETX]

These idiots are simply trying to confuse you with their 'interpretation' of the FDCPA..... and they are (of course) wrong!!

The FDCPA simply does not restrict you to a 30-day validation period but clearly states:
"(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector."

They way I read that, it is simply a restriction on THEM if you responded within the 30 days. This does NOT restrict your request period to WITHIN 30 days!!

Further, for that 30-day 'clock' to apply, they (the debt collector) MUST have complied with part (a) of the same section.... and the majority of the contacts do not.

I also refer you to FTC Staff Opinion letter (LeFevre-Castle) which states: "Section 809 of the FDCPA does not prescribe any effective date for a Section 809(b) verification."
[url]http://www.ftc.gov/os/statutes/fdcpa/letters/castle.htm[/url]

[Ladynred]

Simply, JBC is nothing but a pack of lying, lawbreaking sleazebags ! There are sued DAILY and their collection practices are reprehensible and mostly illegal ! Whatever you do, do NOT send these cretins any money. Tape every single phone call and get their violating lies and threats on tape. The FTC's opinion is that if you don't get it on tape, how can you prove their violations ? The FTC would LOVE to get tapes like this. Iowa is a one-party state - that means you do NOT need to tell them you're taping.

You will NEVER get a copy of a check from them and you will likely never get anything from your validation request. They simply refuse to obey the law. They are being watched by the FTC which is compiling a very large stack of complaints. So, go to the FTC site and file a complaint or call them and do so. File complaints with your state Atty General's office AND the NJ AG (JBC's home). The NJ AG IS investigating these scumbags.

[bigun]

That's what I thought! Contact this law firm:
We have filed a class action against JBC in federal court in Chicago, alleging (a) misrepresentation of liability under state bad check statutes, (b) threats of litigation on time barred debts, and (c) sending of attorney letters without attorney involvement. The suit is presently on behalf of residents of IL, IN, WI and IA. We are interested in joining other residents of those and other states as plaintiffs and/or filing in other states. There is no financial obligation. You may have to appear for a deposition, possibly in Chicago or wherever a case is filed. You may recover up to $1,000 statutory damages under the Fair Debt Collection Practices Act, possibly any amounts paid on time-barred checks, possibly other statutory damages under state law (depends on the state), and possibly compensation for serving as class representative.

If you are interested, please send us your collection letters.

If JBC is harassing you, send them a certified letter directing them not to contact you.

If, as in most cases, the debt is time-barred, there is nothing they can do. They are not entitled to sue and their threats are empty.


Daniel A. Edelman
EDELMAN, COMBS & LATTURNER, LLC
120 S. LaSalle Street, 18th floor
Chicago, Illinois 60603-3403
(312) 739-4200
(800) 644-4673
(312) 419-0379 (FAX)
Email: [email]edcombs@aol.com[/email]
[url]www.edcombs.com[/url]

This communication may constitute advertising.

Also. go to [url]www.cardreport.com[/url] and do a search on JBC. It'll be shocking.