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remedy for credit card debt collection

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  • dave
    ARE YOU A DEBT COLLECTOR FOR A CREDIT CARD COMPANY?? All collections usually start with “This law firm is a debt collector…” and end with garnishments
    Message 1 of 2 , Sep 11, 2009

      ARE YOU A DEBT COLLECTOR FOR A CREDIT CARD COMPANY??

       

      All collections usually start with “This law firm is a debt collector…” and end with garnishments signed under the assumption of, “This law firm is a debt collector….”

       

      Can you show either of these?

       

      ·         Can you show exactly where a consumer signed an original contract in evidentiary fashion?

      ·         Can you show he is defined as a consumer?

       

      ·         Can you show very strong evidence of residence at the commencement of the action?

       

       

       

       

       

      http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

       

      Around Page 15 you will find this:

      § 811. Legal actions by debt collectors

      (a) Any debt collector who brings any legal action on a debt against any consumer shall—

      (1) in the case of an action to enforce an interest in real property securing the consumer’s obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or

      (2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity

      (A) in which such consumer signed the contract sued upon; or

      (B) in which such consumer resides at the commence­ment of the action.

       

      ***

      Folks:

       

      Focus on Part (2)(A) of the above. Think about thus: Most people got the credit card on the basis of some mail-in application. How does anyone know if or WHERE you signed that application for credit card? You could’ve signed same while on some Mexican or African vacation! Thus….how can ANYONE prove where you signed it? Answer: Extremely hard to do.

       

      Ok… that knocks off (A)…let’s go for (B) shall we? How does a DEBT COLLECTOR know where you reside? [aka residence…aka really only something you can claim] Answer: THEY DON’T !! THEY JUST ASSUME SO !! They just ASSUME that any address they have on file is a RESIDENCE and thus will eventually CAPTION a case against you. Now IF we had legitimate courts, they would make them ESTABLISH proof that the address captioned is a RESIDENCE to invoke territorial jurisdiction of the court. But we don’t have same….we have BACK SCRATCH JUDGES who scratch the back of their buddies doing the collection until you catch-on to their game. Ahhh….but you say the address they do have is a residence eh? Did you state so someplace? Do they have access to that place? [Chances are no….] In any case I would wager the address you gave them was a mailing address. For example: What is 1414 Main Street. Is it a legal description? [Hint: Does it start with “from the marker at 14’12’23’ to the pin at Plat 15 of Estate of Jones ….”????] So it’s simply a MAILING ADDRESS assigned by the postal service to a metal box. Now if you were Ken or Barbie, you could get a doll-house bed and probably reside in that box.

       

      So when you get the next letter saying you have 30 days to respond, simply mark on it and send back:

       

      “Not a residence for any party by that name.”

       

       

    • Jake
      http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf Better yet, read / download the FDCPA with Staff Commentary, Statements of General Policy or
      Message 2 of 2 , Sep 14, 2009
        http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

        Better yet, read / download�the FDCPA with Staff Commentary, "Statements of General Policy or Interpretation":

        http://www.ftc.gov/os/statutes/fdcpa/commentary.htm

        It's not technically "legal advice" but courts have generally held it to be "authoritative" & you won't go wrong quoting from it - as long as you cite the source. 

        ~ ~ ~



        ________________________________
        From: dave <dwissel@...>
        To: tips_and_tricks@yahoogroups.com
        Sent: Friday, September 11, 2009 7:34:35 PM
        Subject: [tips_and_tricks] remedy for credit card debt collection

         
        ARE YOU A DEBT COLLECTOR FOR A CREDIT CARD COMPANY??
         
        All collections usually start with “This law firm is a debt collector…” and end with garnishments signed under the assumption of, “This law firm is a debt collector….”
         
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