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Originally Posted by David Merrill
A debt collector sent a letter to his boss by levy on his wages.
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TITLE 15> CHAPTER 41> SUBCHAPTER V> Sec. 1692c. Communication in connection with debt collection
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(a) Communication with the consumer generally
Without the prior consent of the consumer given directly to the debt
collector or the express permission of a court of competent
jurisdiction, a debt collector may not communicate with a consumer in
connection with the collection of any debt--
(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.
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Originally Posted by David Merrill
It would seem that the attorners for the "lender"
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Is the lender(sic) the holder in due course pursuant to UCC § 3-302. HOLDER IN DUE COURSE?
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(a) Subject to subsection (c) and Section 3-106(d), "holder in due course" means the holder of an instrument if:
(1) the instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and
(2) the holder took the instrument (i) for value, (ii) in good faith, (iii) without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series, (iv) without notice that the instrument contains an unauthorized signature or has been altered, (v) without notice of any claim to the instrument described in Section 3-306, and (vi) without notice that any party has a defense or claim in recoupment described in Section 3-305(a).
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Originally Posted by David Merrill
It seems that they would have started this levy long before the statute of limitations expired; not on the eve of it expiring?
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They do not act until the last moment hoping the supposed debtor will react by tender of payment thus restarting the clock on the statute of limitations.
This is common practice.
Q