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Collections Law/violtions by debt coll attny?
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Question
Hello Ray, I have idaho case coming to trial. For some time debt coll attny (jrmlaw.pro johnson mark, llc-owned by same as johnson riddle mark, llc-cambridge asset man) validated debt outside of court with copies of statements.Not answered discovery yet. continued case within valid time, not in my credit report, but also not reporting debt disputed in writing, creditor(who he purports to represent) has not marked dispute either after I disputed to attny debt collector (notice to agent...)
I would like to present intent to sue-as in jurisdictionary) do i have vioaltions if intiial comm was complaint, no wit or sworn statements to date, allowed pre trail setting and discovery to occur prior to validation, still creditor and debt collector attny have not marked dispute in reports. local trial on 8-27-10 IDEAS? responses? thank u for your time
They must have this account marked as disputed if you have indeed disputed it. They are in violation of the FCRA and the FDCPA for not doing so.
As for the counter suit, you will need the advice of an attorney. Sorry I could not assist more but I am not an attorney and can't give legal advice.
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Answers by Expert:
Ray A Miller
Expertise
I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.
Experience
I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.
Organizations
ACA International
Education/Credentials
Some college
ACA Certified Collection Specialist
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