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  #1  
Old 10-20-2008, 05:05 PM
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Court summons and possible FDCPA violation

What is the name of your state (only U.S. law)? Missouri

I recieved a court summons on Oct. 18 to appear at the Independence Court house on Oct 29th. My question revolves around the fact that a law firm was hired by an original creditor. Upon reciept of thier initial letter i sent them back a letter of dispute, requesting amoung other things ALL records of all transactions for the life of the account in question. They sent back only a very small portion and i awaited the rest of the information which was never forth coming, yet they have issued this summons. As far as i can tell they are in violation of the FDCPA and so they can no longer proceed. However what i need to know is due to this summons being issued is it a done deal as far as having to go to court now?
  #2  
Old 10-20-2008, 05:11 PM
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They are under no obligation to furnish you with any information as regards their claim as a condition precedent to filing a lawsuit. You may demand strict proof of the debt in question in your Answer.
  #3  
Old 10-20-2008, 05:12 PM
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You may want to re-read the statute. Especially s.803(6).
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Old 10-20-2008, 05:16 PM
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Originally Posted by You Are Guilty View Post
You may want to re-read the statute. Especially s.803(6).
Ok I've read that how exactly does that apply to my situation?
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Old 10-20-2008, 05:20 PM
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Originally Posted by nrknlknek View Post
They are under no obligation to furnish you with any information as regards their claim as a condition precedent to filing a lawsuit. You may demand strict proof of the debt in question in your Answer.
It was my understanding that when a consumer request debt validation via a letter of dispute that until that information is provided the collector can no longer make any contact or attempts at collecting the debt.

So when you say "in my Answer", you mean when I appear before the court or is there another course of action I am unaware of?
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Old 10-20-2008, 05:24 PM
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Originally Posted by zuka99 View Post
Ok I've read that how exactly does that apply to my situation?
[url=http://www.ftc.gov/os/statutes/fdcpa/letters/demayo.htm]FDCPA Staff Opinion: de Mayo[/url]

The person suing you is not a debt collector.

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My question revolves around the fact that a law firm was hired by an original creditor.
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Old 10-20-2008, 05:37 PM
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Originally Posted by seniorjudge View Post
[url=http://www.ftc.gov/os/statutes/fdcpa/letters/demayo.htm]FDCPA Staff Opinion: de Mayo[/url]

The person suing you is not a debt collector.
Perhaps I am mis-reading this.
(6) The term "debt collector" means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.

Or is this specifically what you are referring to? As far as exemptions to the term "debt collector"
(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;
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Old 10-20-2008, 05:44 PM
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Original creditors, such as credit card companies and banks, are not considered debt collectors when they attempt to collect debts owed directly to them. Therefore, original creditors are not covered under the FDCPA.
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Old 10-20-2008, 05:51 PM
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Originally Posted by seniorjudge View Post
Original creditors, such as credit card companies and banks, are not considered debt collectors when they attempt to collect debts owed directly to them. Therefore, original creditors are not covered under the FDCPA.
Ah got yah. However this is a law firm (not the original creditor) here in my town that has be retained by the original creditor to collect this debt.
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Old 10-20-2008, 05:53 PM
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Originally Posted by zuka99 View Post
Ah got yah. However this is a law firm (not the original creditor) here in my town that has be retained by the original creditor to collect this debt.
Creditors are allowed to hire lawyers...it's been that way over a thousand years that I know of in the common law tradition (England and the United States).
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Old 10-20-2008, 06:20 PM
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Originally Posted by seniorjudge View Post
Creditors are allowed to hire lawyers...it's been that way over a thousand years that I know of in the common law tradition (England and the United States).
Gosh, I hope so. The economy would really tank if we suddenly found out otherwise.


As an aside that I didn't see addressed, the sole requirement for validation under the FDCPA is the name and address of the original creditor.

DC
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  #12  
Old 10-20-2008, 07:56 PM
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Quote:
As an aside that I didn't see addressed, the sole requirement for validation under the FDCPA is the name and address of the original creditor.
Your information is always quite strong in this category and I don't question you at all. I've read the statute and this interpretation seems the plain meaning. Has it been tested in the courts yet?
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  #13  
Old 10-20-2008, 10:52 PM
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Originally Posted by tranquility View Post
Your information is always quite strong in this category and I don't question you at all. I've read the statute and this interpretation seems the plain meaning. Has it been tested in the courts yet?
I believe so. However, I don't have access to Westlaw and have no way of researching it myself. Also, I really don't have the background or training to properly break down the written rulings.

That is the minimum standard I use is the one I have posted and I have never been sued over that point.

DC
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  #14  
Old 10-21-2008, 12:14 AM
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When you demand validation, the DC must stop phone calls etc until validation is provided, but they CAN still sue before/instead of providing validation. You can request all the documents you want as part of discovery, but you'd do well to hire a lawyer now that you've been sued.

I'm pretty sure a law firm hired by an OC as a means of collecting the debt are still considered debt collectors under the law. But it doesn't sound like they violated anything.
  #15  
Old 10-21-2008, 08:28 AM
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Originally Posted by ecmst12 View Post
...

I'm pretty sure a law firm hired by an OC as a means of collecting the debt are still considered debt collectors under the law.

...
Nope. The law firm is considered to be a law firm.
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