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Expert: Creditwrench - 7/18/2008


Question
I was contacted by Hyat, Hayt, & Landau in regards to a matter they acquired thru Asset Acceptance.  Asset Acceptance is a very well known "junk buyer" and I immediately sent a cease and desist letter to Hyat, Hyat, & Landau asking for verification of the account as well as asking them to please only contact me about the matter via certified mail.  The letter was sent certified and I do have a signature to verify that they recieved it.  This matter took place in April 2008, and I answered within 30 days.  Here it is July 2008th, my phone has been ringing off the hook from Hyat, Hyat, and Landau.
1.  Isn't this a violation of FDCPA?  I asked for writing only, and they still haven't validated my debt.
2.  If they were planning on responding,shouldn't it have been within 30 days?
Any advice would be great.Thanks  

Answer
The only way you will get any relief is to sue them in federal court. You seemingly have lots of violations to use for causes of action. You do need to have kept a careful track of their calls. Time, date, number they called from and if you spoke to them a written outline of what was said to use as evidence against them. It would do you well to use a small digital voice recorder so you can record the conversations. Then you can do an accurate transcript when you need to.

You can't force them to answer your demand for validation but once they have received it they must cease all collection activity until they do send you the validation.

You have plenty of grounds to sue them for and that is what I would suggest that you do if you want to put a stop to their collection efforts.

You don't need an attorney to sue them in federal court. It isn't hard to learn how to do it yourself and you will do a much better job than almost any lawyer even if you could find one to handle it for you.

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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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