I need help!

[dchudoba]

new jersey

i am getting sued by my old employers/roommates for $2,500 who claim they loaned me money, that i have unpaid phone bills and aol bills, etc. their lawyer sent me a letter stating that if i pay $2,000 within ten days then they will not pursue the matter in court, however if i don't, they will and press criminal charges against me. they're also sueing my father for the same amount, which i don't understand why. i never signed or even made a verbal commitment with them about any loan of any kind. the phone bill is another thing, i never made any long distance calls those i did were paid. most of the calls were locally, and yet again, i state they were paid. the aggrement we made with one another was that in retribution for my paying rent i would watch their kids, pretty much be a housekeeper, where they would pay me $80 per week. i got paid for the first couple of weeks, then they stopped paying me. they always said they would pay me the following week, and etc. i left only because i was getting tired of the environment and they started to get too possessive. this is a long long story that just doesn't involve my getting sued now. the reason why i think they're sueing is because every time they would call me (i had told my parents and siblings to tell them i don't want to speak with them if they ever called when i wasn't there to tell them myself), my parents would tell them that i'm not there and my message they would threaten to sue me and them if my parents didn't let them talk to me. well, it seems they lived up to their little threat now. so what should i do?

thanks for any help you can give me.

 

[G.Chulsky]

A debt collector such as this lawyer is governed by the Fair Debt Collection Practices Act. You should seek the advice of an attorney to see if the attorney violated the Act. You should do so immediately as you only have 20 days to file an Answer. You should file the Answer and then request discovery from the plaintiff's attorney. If you don't file the Answer, the attorney can get a default judgment against you.

 

[JETX]

Sorry, Chulsky. You may have an 'Esq' after your name, but you are not correct.

A creditor (as in this case) is NOT covered by the FDCPA. It only applies to 'collectors'.

dchudoba:
Your post is confusing..... have you been sued or not?? If you haven't been served with notice of suit, then you have one of two immediate choices. (1) You could pay the amount claimed, or (2) you can see if they do in fact sue.

How old are you?? (since your parents are mentioned in this possible suit, it would be relevant).

Finally, if they do sue (or have already), you need to file a response to the suit and get prepared for court. They will have to prove their claims, and you will have to successfully defend yourself against them.

 

[G.Chulsky]

Please be advised that Halknet's post is incorrect and my post is correct. I never indicated that the creditor was governed by the FDCPA. The attorney trying to collect on the creditor's behalf is however a collector. If you don't believe me, you can go to the government's website at www. ftc.gov and download the FDCPA regulations to read for yourself.

 

[dchudoba]

I've been sent a letter stating that I AM to be sued if I don't pay the amount within 10 days. I'm 21, which I don't understand why my parents are being involved in this. But here's the thing, he's not a debt collector or a creditor... but I'm going to go ahead and speak with a lawyer and see what happens. Thanks for the advise.

 

[JETX]

Please be advised that Halknet's post is incorrect and my post is correct. I never indicated that the creditor was governed by the FDCPA. The attorney trying to collect on the creditor's behalf is however a collector. If you don't believe me, you can go to the government's website at www. ftc.gov and download the FDCPA regulations to read for yourself.

Sorry, but you are still WRONG. The attorney in this case is acting as an agent of the creditor, not a "3rd party collection agent". As such, the attorney (working directly for the creditor) is EXEMPT from FDCPA compliance. If you don't agree, read the FDCPA!!! (not just look at it!).

Further, this attorney is SPECIFICALLY excluded unless his practice is "mainly the action of debt collection".

The FTC includes attorneys as 'debt collectors' when:
"An attorney or law firm whose efforts to collect consumer debts on behalf of its clients regularly include activities traditionally associated with debt collection, such as sending demand letters (dunning notices) or making collection telephone calls to the consumer. However, an attorney is not considered to be a debt collector simply because he responds to an inquiry from the consumer following the filing of a lawsuit."

The key word here is REGULARLY. If this attorney does NOT mainly do debt collection, then he is specifically exempted from being a 'debt collector' as follows (also from the FTC site):
"2. Exclusions. The term does not include:
Any person who collects debts (or attempts to do so) only in isolated instances, because the definition includes only those who "regularly" collect debts.
A credit card issuer that collects its cardholder's account, even when the account is based upon purchases from participating merchants, because the issuer is collecting its own debts, not those "owed or due another."
An attorney whose practice is limited to legal activities (e.g., the filing and prosecution of lawsuits to reduce debts to judgment). "

Source: http://www.ftc.gov/os/statutes/fdcpa/commentary.htm#803

Chucky..... Your apology is assumed.... and accepted.

 

[G.Chulsky]

Halknet: And you got your law degree from where? Oh, yeah, you didn't. Here's the applicable section from the site link you posted. Section 803(6) defines "debt collector" as a party "who uses any instrumentality of interstate commerce or the mails in . . . collection of . . . debts owed . . . another."

1. Examples. The term includes:

Employees of a debt collection business, including a corporation, partnership, or other entity whose business is the collection of debts owed another.
A firm that regularly collects overdue rent on behalf of real estate owners, or periodic assessments on behalf of condominium associations, because it "regularly collects . . . debts owed or due another."
A party based in the United States who collects debts owed by consumers residing outside the United States, because he "uses . . . the mails" in the collection business. The residence of the debtor is irrelevant.
A firm that collects debts in its own name for a creditor solely by mechanical techniques, such as (1) placing phone calls with pre-recorded messages and recording consumer responses, or (2) making computer-generated mailings.
An attorney or law firm whose efforts to collect consumer debts on behalf of its clients regularly include activities traditionally associated with debt collection, such as sending demand letters (dunning notices) or making collection telephone calls to the consumer. However, an attorney is not considered to be a debt collector simply because he responds to an inquiry from the consumer following the filing of a lawsuit.
2. Exclusions. The term does not include:

Any person who collects debts (or attempts to do so) only in isolated instances, because the definition includes only those who "regularly" collect debts.
A credit card issuer that collects its cardholder's account, even when the account is based upon purchases from participating merchants, because the issuer is collecting its own debts, not those "owed or due another."
An attorney whose practice is limited to legal activities (e.g., the filing and prosecution of lawsuits to reduce debts to judgment).

Since the poster does not have information regarding the collection activities, I advised her to consult with a lawyer. I trust that since your business involves the collection of debts is the real reason for your apparent problem with my response.

If you continue to offer legal advice (especially when it is wrong)in the state of New Jersey without a license, I will have to report you as an officer of the courts of New Jersey.

 

[JETX]

Chucky... go ahead and report me to whoever you wish. I look forward to having the NJ Bar sending "Vito" and "Gumba" down to talk to me. Heck, I might even take them to one of our 'real' bars for a few "brewski's" and B-B-Q.

As for your 'degree', after reviewing your website, it must be from the Yogi School of Pic-a-nic baskets.

It really doesn't take a law degree to realize that an attorney who's practice is NOT debt collection (and that is representing the creditor) is NOT a debt collector as defined by the FDCPA. Further, you have NO evidence to hint that the original debt was "primarily for personal, family or household purposes", which would also exclude the requirement of compliance with the FDCPA.

From the same site:
"Section 803(5) defines "debt" as a consumer's "obligation . . . to pay money arising out of a transaction in which the money, property, insurance, or services (being purchased) are primarily for personal, family, or household purposes . . .."

1. Examples. The term includes:
Overdue obligations such as medical bills that were originally payable in full within a certain time period (e.g., 30 days).
A dishonored check that was tendered in payment for goods or services acquired or used primarily for personal, family, or household purposes.
A student loan, because the consumer is purchasing "services" (education) for personal use.

2. Exclusions. The term does not include:
Unpaid taxes, fines, alimony, or tort claims, because they are not debts incurred from a "transaction (involving purchase of) property . . . or services . . . for personal, family or household purposes."
A credit card that a cardholder retains after the card issuer has demanded its return. The cardholder's account balance is the debt.
A non-pecuniary obligation of the consumer such as the responsibility to maintain adequate insurance on the collateral, because it does not involve an "obligation . . . to pay money."

So, lets put this all in a simple bundle for you:
1) The attorney's main practice does NOT consist of debt collection, he is exempt.
2) Since the attorney is acting as the representative (and under 'control' of the creditor), he is exempt.
3) Since the debt is not primarily of a consumer nature, the debt is exempt.

So, make your law school proud!!!