FDCPA question

[jaylon]

Since attorneys are considered debt collectors under the FDCPA, if they send you a demand for payment and you dispute it within 30 days of receiving their letter, can you sue them for a violation if they don't respond and or provide validation within 30 days?

And if so, how do you sue an attorney, serve him at his office?

[charlesa6]

Originally Posted by jaylon

Since attorneys are considered debt collectors under the FDCPA, if they send you a demand for payment and you dispute it within 30 days of receiving their letter, can you sue them for a violation if they don't respond and or provide validation within 30 days?

And if so, how do you sue an attorney, serve him at his office?

Do nothing, if they don't respond means the debt is not valid. No proof! No claim!

[jaylon]

there is a $1000 dollar fine for a debt collector not responding, that's why I asked because if you challenge it properly you almost make it impossible for them to respond which is a trap almost, you could take it directly into court and be awarded monies for the violations, especially if they call you and you make a call log, it's a wrap!

[Livefire]

Originally Posted by jaylon

Since attorneys are considered debt collectors under the FDCPA, if they send you a demand for payment and you dispute it within 30 days of receiving their letter, can you sue them for a violation if they don't respond and or provide validation within 30 days?

And if so, how do you sue an attorney, serve him at his office?

When I fought my traffic ticket, I had my process server deliver the documents to the appointed PA's office where he served the attorney's secretary. Worked like a charm! I am told that is how judge's are served....Service on the judge's secretary/clerk constitutes service on that official. They ARE acting in a corporate manner afterall. Just make sure your server gets a name and position of the person that was served at the office.

[Glenn]

I am not an attorney but how I have court or attorneys served is by and through the United States Postal Service using certified mail with sign returned receipt.

United States Postal Service certified mail Number xxxx xxxx xxxx xxxx xxxx

(From)



Mr. I-Am A. Crook
Rip you off Bulding Suite 2bad
DoWeCheatem, AndHow 66666-6666

Service on Agent is Service on Principal and Service on Principal is Service on Agent

or

Notice to Agent is Notice to Principal and Notice to Principal is Notice to Agent

Non-Negotiable

Body of theessage here

(I always add something at the end like)

Mr. I-Am A. Crook, you have 33 days from the receipt of this request for verifiable facts to support your legal conclusion that I owe you 10 smilies.

Mr. I-Am A. Crook, you agree that failure to respond within the allotted time is your, Mr. I-Am A. Crook’s consent to grant unto Glenn a power of attorney, to any and all assets private as well as public, and to disposed of said assets in any manor whatsoever to satisfy the indebtedness incurred by the actions of Mr. I-Am A. Crook when Mr. I-Am A. Crook attempted to defraud me, Glenn of personal property.

Mr. I-Am A. Crook, may request additional time, by making the request upon your private or public letter head, witnessed by a Notary’s Jurat including a raised seal, stating the reason for and the amount of time needed.. After reviewing your, Mr. I-Am A. Crook’s request and I determine the reason to be of an honorable nature, I may grant an extension of time.

Well I think you should get the idea.

Glenn

[iamfreeru2]

Originally Posted by jaylon

Since attorneys are considered debt collectors under the FDCPA, if they send you a demand for payment and you dispute it within 30 days of receiving their letter, can you sue them for a violation if they don't respond and or provide validation within 30 days?

And if so, how do you sue an attorney, serve him at his office?

One way to sue the DC is by apointing him/her as fiduciary debtor by way of notice and filing a counterclaim with him/her as third party debtor. This is highly rcommended by friends that have used this successfully. This requires the DC to acquire an attorney and is where the fun starts, so I am told. Have not used this (yet), but know those that have.

[Glenn]

Originally Posted by iamfreeru2

One way to sue the DC is by apointing him/her as fiduciary debtor by way of notice and filing a counterclaim with him/her as third party debtor. This is highly rcommended by friends that have used this successfully. This requires the DC to acquire an attorney and is where the fun starts, so I am told. Have not used this (yet), but know those that have.

I believe to make this work you would have to sue as a 3rd party in your private Christian capacity And enjoin the other two.

Glenn

[masterduke]

Dear Iamfree, If you have the full story of your friends and their exploits in dorking the debt attorneys I sure would love to read that adventure!! Thanks for the interesting idea!

I am not sure that I understand fully, being a newbee. Can you expound or refer me somewhere. Thanks.

Originally Posted by iamfreeru2

One way to sue the DC is by apointing him/her as fiduciary debtor by way of notice and filing a counterclaim with him/her as third party debtor. This is highly rcommended by friends that have used this successfully. This requires the DC to acquire an attorney and is where the fun starts, so I am told. Have not used this (yet), but know those that have.

[Judge Roy Bean]

Originally Posted by ChrisCC

I am not sure that I understand fully, being a newbee. Can you expound or refer me somewhere. Thanks.

Unfortunately, you can't simply appoint someone a fiduciary without their knowledge and consent, which will also require a signature on their part and a notarization in most states.

I love these stories about "I know someone who did this and won," because there is simply no way to authenticate any of them.