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-   -   Can you use FDCPA violations to answer a summons and complaint (https://www.askmehelpdesk.com/showthread.php?t=587857)

  • Jul 16, 2011, 11:16 PM
    buffyco
    Can you use FDCPA violations to answer a summons and complaint
    {Name removed} a grocery store chain sold the check to {name removed} and they violated several different statues and regulations and could I bring this up durning the answer part of my
    Turn to talk in said trial?
  • Jul 17, 2011, 06:25 AM
    ScottGem

    I don't understand "sold a check"? What statutes did they allegedly violate? What are you being sued for? ANY question on law needs to include your general locale as laws vary by area.
  • Jul 31, 2011, 05:46 PM
    buffyco
    {Grocery Chain removed} claim they sold the returned check to {name removed} Agency and they have refused my paymnt of 69.39 on a ck originally for 29.39 and the original client had the new info and paid a ck for 129.0 and not this one claimin they destroyed the info I had given them after the first payment.. {name removed} has violated mini miranda every time I have talkd to their office and they lied to the attny generals office when I filed a complaint. The CEO who answered didn't even get my name right and they had a sheriff through the county serve me who I just happen to be friends with..

    I am in Colorado in Jefferson County where the judge is on the side of these collection agency's for sure.. I have been in her court room and won against a managemnt company and she reported that I had not showed up at all and was in comtempt and had to file a motion to have her relook at it and she denied it until I filed complaint against her.. its really bad here in jefferson county collections court..
  • Jul 31, 2011, 06:19 PM
    ScottGem

    First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments. Second, I edited out names from the original post because they were immaterial and to protect privacy. Please respect that.

    You still aren't clear. It sounds like you gave a check to the store and it was returned for insufficient funds. The store then sold the check to a collection agency and won't accept payment from you. That makes sense.

    The rest of it about the original client and destroyed info is totally unclear.

    What is "mini Miranda"?

    As far as the judge is concerned ask for another judge.
  • Jul 31, 2011, 06:21 PM
    Fr_Chuck

    Yes, Miranda refers to rights in a criminal trial, not civil collections. While a bad check can be criminal if done though the DA office as a crime, Civil collections does not fall under Miranda.

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