Ask Experts Questions for FREE Help !
Ask
    jrepen's Avatar
    jrepen Posts: 33, Reputation: 2
    Junior Member
     
    #1

    Oct 14, 2007, 01:27 AM
    Fdcpa violations
    I've been reading (mostly Mr. Yet's) answers re. Fair Debt Collections, and I've read the Act itself. I don't speak legalese, though. Is there any law that requires a collections agency to justify charging interest at a rate higher than the legal limit? Does obtaining a default judgement without delivering a summons constitute a violation of the fdcpa? Does anybody know a good, affordable attorney in the Metro Detroit area?
    I also suspect that creditors have been sharing information about me, as I've had 3 come after me within one month, 2 of which have claims that are completely invalid because they're for debts that I paid off years ago. Does anybody know if or how I can find out if they're talking?
    swapwap's Avatar
    swapwap Posts: 33, Reputation: 2
    Junior Member
     
    #2

    Oct 15, 2007, 05:19 PM
    Does obtaining a default judgment without delivering a summons constitute a violation of the fdcpa- it violates the law.

    They have probably sold your information to anyone willing to buy it. I don't know what the laws are in your state on how they have to document the summons process. This is where I would look for answers. You can motion the court to vacate the judgment if you were not properly served. Plaintiff has to prove they served you properly or the judge will likely agree to your motion, then your off the hook. You can then inturn sue the jerks. I'd seek a good civil attorney, look through the web or ask friend you know.
    swapwap's Avatar
    swapwap Posts: 33, Reputation: 2
    Junior Member
     
    #3

    Oct 15, 2007, 05:28 PM
    Try this. Might be helpful

    Fair Debt Collection Practices Act - You can Fight Back!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Oct 15, 2007, 05:58 PM
    Interest is regulated by law, there are laws against usury. A summons service is also regulated by law. If they claim a s ummons was served fraudulently, that's illegal, but that's hard to prove.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

HIPAA violations [ 15 Answers ]

I am writing on behalf of my boyfriend. He checked himself into the hospital for alcohol detox. He was later transferred to another facility because the first facility did not have overnight accommodations for detox. Meanwhile he was assured of patient confidentiality. At that facility one of the...

Lawsuit filed against me. Violation of FDCPA? [ 18 Answers ]

I have a very specific question about FDCPA. I'm trying to figure out if these creditors have violated the FDCPA in a major way. I have an old cc debt, it has been in collection with several different law firms over the last few years. I finally decided to man-up to it, and replied to the...

How do I sue a collection agency for violations of FDCPA? [ 2 Answers ]

Here's my situation in a nutshell: I am being sued by a CA through a local lawyer for a debt that I do owe. I have sought validation of the debt through the CA and also from the lawyer that they had contact me, as well as several other lawyers that they had contact me in the last year. All...

FDCPA violation [ 2 Answers ]

What recourse do I have when a creditor or collector has violated the Fair Debt Collection Protection Act? In one case, they did not stop calling after a cease and desist letter. In another, they failed to serve me papers about a garnishment (is that FDCPA?).

Hipaa Violations [ 3 Answers ]

The owner/boss of the company I was working for asked me question concering my doctors appointment. She got angry and basically demanded me to tell whether it was for medical research because she had heard it through the grapevine. I lied and told her it was not for that. She demanded me to tell...


View more questions Search