Banks, Collectors, and CRAs Discuss the elimationa of secured and unsecured "debt", as well as tactics for dealing with debt collectors and credit reporting agencies.


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  #1  
Old 03-19-2005, 08:30 PM
sadie sadie is offline
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National Attorney Network

A neighbor got a tel call from an out of state atty. asking about my husband and left him a number to call and a claim#.

The tel number is 800-678-7720. and they left an ext.

I typed this into search and found a court case involving Wolpoff & Abramson
It mentions a bunch of other attys. and this NAN atty network and something about them splitting fees. I didn't really read the case in detail - appeal about FDCPA violations etc.

The letters the guy in the case received were from diff. people but with this 800#

How does an out of state atty. find out who the neighbors are?
Wonder why they didn't just call our house.

Should I call the number or just wait to see if we get a letter?
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not legal advice - just my 2 cents (not lawful money)
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  #2  
Old 03-19-2005, 08:53 PM
HenryBowman
 
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Quote:
Originally Posted by sadie
How does an out of state atty. find out who the neighbors are?
Wonder why they didn't just call our house.

There are several ways to get this information easily, and online, and free.

What I would pursue on this, if it were me, is writing a letter to the scum, asking him what his reasoning was in contacting my neighbor, when he could have contacted me.

I would stipulate that his non-response within 10 days will be taken as his nihil dicit agreement that he did it for harassment purposes.

That's if it were me...

Then, I'd sue the bastard for harassment after I noticed him of his default.
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  #3  
Old 03-20-2005, 03:30 AM
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dadmoonbunny dadmoonbunny is offline
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Not Sure

Quote:
Originally Posted by HenryBowman
There are several ways to get this information easily, and online, and free.

What I would pursue on this, if it were me, is writing a letter to the scum, asking him what his reasoning was in contacting my neighbor, when he could have contacted me.

I would stipulate that his non-response within 10 days will be taken as his nihil dicit agreement that he did it for harassment purposes.

That's if it were me...

Then, I'd sue the bastard for harassment after I noticed him of his default.

I am not sure of this at all, so anyone jump in and correct as you can. Does not the contact with the neighbors constitute a violation of privacy or a type of slander? I would not only go after them as HB says, but IF I am correct, would also go after them for the above, as it seems to me that it does affect your standing in the community.

Sic Gorgiamus Alus Subjuctatos Nunc
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Old 03-20-2005, 03:54 AM
cobra7
 
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what did the person asked?

what were the words?

calling and asking where a person is ok per collections laws is ok.

BEFORE YOU JUMP I SAID THE LAW SAYS THAT!!!

if he called and left his name and the name of the company, you might have something.

first thing is did you get a colection letter from the company?
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  #5  
Old 03-20-2005, 04:07 AM
truth
 
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Greetings sadie,

I believe cobra7 is correct. They can call your neighbor to inquire as to your whereabouts and the like. Occassionally, they might even ask the neighbor to relay their (collector's) number to you. This is not illegal. What IS illegal is if they defame you by telling your neighbor that you are being sought after for debt collection purposes. They can not disclose your private matters to the one they are calling.

Sincerely,
truth
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  #6  
Old 03-20-2005, 10:02 AM
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Freedomless Freedomless is offline
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An attorney call my ex and stated that he was trying to contact me concerning a job. That is illegal. If anyone calls me concerning anyone beside myself, I do not give any information. The money game is sly.
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  #7  
Old 03-20-2005, 01:19 PM
sadie sadie is offline
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Thanks for the input. I don't have the atty. name and address only the tel #.
I don't think I will call. I'll wait to see if get a letter as they are not in my state anyway.

I believe cobra is right. They can ask how to reach you as long as they don't say things about the nature of the call - eg I'm chasing him for a bad debt at Citibank.

I just read that case I mentioned that came up under tel# search. Interesting read. Someone (he is an atty) trying to sue W & A et all for violations of FDCPA.

Lots of info in there about discovery with case cites. May be useful to someone in their own case.

Also mentions W & A have referrals of 55,000 per month, probably a lot more now and something about 44 affiliates. This is definitely Big Business and they will not go away quietly.

No wonder Mr. Hyde (west coast litigation) doesn't want to take them on.

here is the link
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http://www.tourolaw.edu/2ndCircuit/200302/02-70170.html
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  #8  
Old 03-21-2005, 09:13 AM
cobra7
 
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hey sadie

ยง 804. Acquisition of location information [15 USC 1692b]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;


also, you are suppose to get something in writing within 5 days of first contact.
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