Faid Debt Collections Practices Act

[Mass_Shyster]

What is the name of your state? Massachusetts

I have received eleven notices from a collection agency for payment of a forged check (checkbook stolen, thief convicted, collection agency continued collection anyway)

Each of the 11 notices came in a window envelope with a return address of

Middlesex County District Attorney
Bad Check Restitution Program.

These were not, in fact, from the DA, but from a private collection agency 'partnering' with the DA.

It appears to me that each of these 11 notices are in violation of the Fair Debt Collection Practices Act. This act allows for damages of $1000 for a violation.

Can I file 11 $1,000 suits in small claims court against the collection agency, one for each notice I received?

Can I file 22 $1,000 suits against the collection agency, one for each violation of the act? (Cannot put information outside envelope stating this is a collection, cannot claim to be attorney).

 

[seniorjudge]

What is the name of your state? Massachusetts

I have received eleven notices from a collection agency for payment of a forged check (checkbook stolen, thief convicted, collection agency continued collection anyway)

Each of the 11 notices came in a window envelope with a return address of

Middlesex County District Attorney
Bad Check Restitution Program.

These were not, in fact, from the DA, but from a private collection agency 'partnering' with the DA.

It appears to me that each of these 11 notices are in violation of the Fair Debt Collection Practices Act. This act allows for damages of $1000 for a violation.

Can I file 11 $1,000 suits in small claims court against the collection agency, one for each notice I received?

Can I file 22 $1,000 suits against the collection agency, one for each violation of the act? (Cannot put information outside envelope stating this is a collection, cannot claim to be attorney).

This is a criminal matter and it is not covered by the FDCPA.

 

[Mass_Shyster]

Can you please explain why this is not covered by FDCPA.

This was a private collection agency sending these notices.

 

[racer72]

The FDCPA applies to collection of consumer debt. Your alledged debt is the result of a criminal act. Big difference.

 

[Mass_Shyster]

ACCS Thought they were collecting on a bad check.

ACCS has been found guilty of violating FDCPA on numerous occations. All they do is collect on bad checks.

If FDCPA doesn't apply to bad checks, what other kinds of debt would it apply to?

But, back to my original question:

ASSUMING they have violated FDCPA, can I file one suit for each violation, or must I combine them?

 

[TigerD]

ACCS Thought they were collecting on a bad check.

ACCS has been found guilty of violating FDCPA on numerous occations. All they do is collect on bad checks.

If FDCPA doesn't apply to bad checks, what other kinds of debt would it apply to?

But, back to my original question:

ASSUMING they have violated FDCPA, can I file one suit for each violation, or must I combine them?

Wrong forum -- you want the AoC weenie board.

 

[Mass_Shyster]

I spoke with my attorney this morning.

Every response I received here was wrong. I guess it was worth exactly what I paid for it.

 

[seniorjudge]

I spoke with my attorney this morning.

Every response I received here was wrong. I guess it was worth exactly what I paid for it.

Your attorney gave you bad advice.

Post back when you find out we were right.

 

[Mass_Shyster]

If anyone else is interested, do a google search for "FDCPA ACCS".

Don't listen to the clowns here.

 

[panzertanker]

If anyone else is interested, do a google search for "FDCPA ACCS".

Don't listen to the clowns here.

Big deal.
If you have this information, and you are so "sure" of your case...
WTF are you bothering us here for?
Go away before I sic IAAL on you.....

 

[Mass_Shyster]

Us?

TINU