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Question
Recently, (couple of months) ago, I was contacted by a debt collection attorney from a payday loan (three years ago), which I had forgotten about and was told he was pressing charges, which automatically did not sound right if I did not pay by Monday, this was Friday night when he called. After nothing happened, he called me two weeks later, for a final time, and still threatend me. Now the investigator calls me and repeats the three offenses (criminal) is what he calls them and gets upset after I told him that the previous attorney had violated the FDCPA (which I did a little research on) and might file a complaint with the Attorney General's office, and that they could also possibly face a lawsuit. The problem with the initial loan was that shortly after it, I had it extended, paid the extension fee, but then my account was hacked into, and the bank closed. It took me awhile to settle that mess, and consequently, this was not settled. I'd like to know though, he said the loan was taken out on August 12, 2005. What is the Statute of Limitations on something like that, and is that abuse from the collections act? I do not believe that threatening people is allowed, even from attorneys, but would like some feedback with that. Thank you.
Filing complaints with the attorney general don't hurt but don't expect them to do much of anything. They work for the state and not for private citizens. If the attorney breaks state law then maybe otherwise it is highly unlikely that they will do anything to the lawyer. The lawsuit is better if you go federal with it. The statute of limitations depends on your state law.
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Expect that they will take you to court sooner or later. Keep careful records of each violation.
The economic meltdown that is now facing us will have lots of people who thought that they were above getting sued will be losing their jobs and their sources of income. Even those who have millions invested in the stock markets are rapidly becoming paupers and that isn't going to change anytime soon. It isn't just mortgage and insurance companies that are in deep financial problems and going bankrupt, it is also credit card companies, auto loan companies and just about every type of credit there is. All are facing massive defaults and will or are begging the government to bail them out too.
Our government simply can't borrow that much additional cash from anywhere. It will end up breaking the government if they even think about bailing out all those loan sharks. I've been predicting this meltdown for more than 3 years now but nobody wanted to believe me. Can't happen in America they said but it has. Now I'm predicting that the economic meltdown might very well mean the end of the American Dollar as a medium of currency will cease to exist to be replaced by the Euro or a currency with some other name attached to it. That can easily happen because the crisis is international in nature and may end up having to be resolved on an international scale. They will say that such a change is necessary to create a new and very sorely needed medium of exchange between nations so one can help bail the other out of financial trouble more easily. Any excuse to further the United Nations and the New World Order.
Let us all hope and pray that it never comes to pass but don't be too surprised if it does.
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| Rating(1-10) | Knowledgeability = 10 | Clarity of Response = 10 | Politeness = 10 |
| Comment | Thanks, I at least have some idea of how to proceed now. Thanks, JJ. | ||
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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