Johnnyb
Queens,#2Consumer Comment
Thu, August 23, 2007
It is a shame to see a law student go so hopelessly off course in determining fault. Jumping to conclusions about companies violating laws is something you'll have to avoid once in practice. Assuming for the sake of discussion that the collection target is a victim of identity theft, then the criminal who fraudulently used the individual's data is responsible for all of their trouble, not the collector and not the law firm -- and that criminal is the ONLY one who violated any law. Creditors have no way of knowing an account stems from identity theft until it is brought to their attention, and even then they are often lied to when real debtors make false claims -- making things harder for the true victims. A creditor is well within its rights to act in good faith based on information contained in business records. Identity theft victims almost NEVER are served legal papers at their proper address, because the licensed process servers (whose job it is here in NY to either serve them personally or very often by just leaving a copy of the Summons at their last known address followed by a mailed copy) will use the debtor's last known address. In ID theft situations, that address is nearly always false: ID thieves don't use the real address of their victim, lest the victim learn of the crime quickly and stop it just as quickly. The real problem here is how ID theft is running rampant in the US. You may think your dad is the only victim in his situation, but your dad won't have to pay the debt once he clears things up -- the creditor, on the other hand, will have to bear the loss. As an aside, when I see people (not the poster I refer to above) write that creditors get judgements against their mom (presumably for legit debts for which she received benefits) but they just laugh, one wonders who, exactly, is doing the ripping off.
P
Dallas,#3Consumer Suggestion
Tue, May 22, 2007
They failed to respond to my request for validation however confirmed their erroneous information to the credit bureau who refuses to correct the misinformation ... tell me what i need to do ....
Steve
Bradenton,#4Consumer Suggestion
Tue, May 22, 2007
Michael, There is no such thing as "mistaken identity" in LEGAL and ETHICAL debt collections. None. There is a little legal term called "due diligence" which is required of any lawyer taking action against anyone such as a lawsuit and the garnishment and siezure of money. Face it, these are JUNK DEBT BUYERS who bought old, worthless paper on "debts" with little or no valid information on the actual debtor. They simply went after everyone with the same or similar name. This is what junk debt buyers and crackhead collectors do. For the victim, SUE, SUE, SUE. Sue the hell out of them. You are entitled to sue for the FDCPA violations as well as for actual damages and costs. DO NOT let this slime get away with this. And, file a BAR ASSOCIATION complaint against all lawyers involved. That was clearly reckless and/or blatant unethical conduct. Don't get mad, get paid. Michael wrote:>> Mistaken Identity I'm very sorry to hear about the situation with your parents. I must state though, that the reason why the law office of Anne Thomas faxed over the letter stating the apology etc is simply because they realized a mistake and fixed it. Mistakes do happen. Example: My wife's social security number has been used for the last 14 years! That's right, 14 years, but her bureau is clean as a whistle. That doesn't mean that this nimrod who has been using her social security number isn't going to be nailed to the wall someday! I have received a few calls asking for this person. I explained the situation and went on down the road. I hope that everything has been resolved with your parents situation. Michael - Tulsa, Oklahoma U.S.A. >>>>>
Steve
Bradenton,#5Consumer Suggestion
Tue, May 22, 2007
Michael, There is no such thing as "mistaken identity" in LEGAL and ETHICAL debt collections. None. There is a little legal term called "due diligence" which is required of any lawyer taking action against anyone such as a lawsuit and the garnishment and siezure of money. Face it, these are JUNK DEBT BUYERS who bought old, worthless paper on "debts" with little or no valid information on the actual debtor. They simply went after everyone with the same or similar name. This is what junk debt buyers and crackhead collectors do. For the victim, SUE, SUE, SUE. Sue the hell out of them. You are entitled to sue for the FDCPA violations as well as for actual damages and costs. DO NOT let this slime get away with this. And, file a BAR ASSOCIATION complaint against all lawyers involved. That was clearly reckless and/or blatant unethical conduct. Don't get mad, get paid. Michael wrote:>> Mistaken Identity I'm very sorry to hear about the situation with your parents. I must state though, that the reason why the law office of Anne Thomas faxed over the letter stating the apology etc is simply because they realized a mistake and fixed it. Mistakes do happen. Example: My wife's social security number has been used for the last 14 years! That's right, 14 years, but her bureau is clean as a whistle. That doesn't mean that this nimrod who has been using her social security number isn't going to be nailed to the wall someday! I have received a few calls asking for this person. I explained the situation and went on down the road. I hope that everything has been resolved with your parents situation. Michael - Tulsa, Oklahoma U.S.A. >>>>>
Steve
Bradenton,#6Consumer Suggestion
Tue, May 22, 2007
Michael, There is no such thing as "mistaken identity" in LEGAL and ETHICAL debt collections. None. There is a little legal term called "due diligence" which is required of any lawyer taking action against anyone such as a lawsuit and the garnishment and siezure of money. Face it, these are JUNK DEBT BUYERS who bought old, worthless paper on "debts" with little or no valid information on the actual debtor. They simply went after everyone with the same or similar name. This is what junk debt buyers and crackhead collectors do. For the victim, SUE, SUE, SUE. Sue the hell out of them. You are entitled to sue for the FDCPA violations as well as for actual damages and costs. DO NOT let this slime get away with this. And, file a BAR ASSOCIATION complaint against all lawyers involved. That was clearly reckless and/or blatant unethical conduct. Don't get mad, get paid. Michael wrote:>> Mistaken Identity I'm very sorry to hear about the situation with your parents. I must state though, that the reason why the law office of Anne Thomas faxed over the letter stating the apology etc is simply because they realized a mistake and fixed it. Mistakes do happen. Example: My wife's social security number has been used for the last 14 years! That's right, 14 years, but her bureau is clean as a whistle. That doesn't mean that this nimrod who has been using her social security number isn't going to be nailed to the wall someday! I have received a few calls asking for this person. I explained the situation and went on down the road. I hope that everything has been resolved with your parents situation. Michael - Tulsa, Oklahoma U.S.A. >>>>>
Michael
Tulsa,#7UPDATE Employee
Tue, May 22, 2007
I'm very sorry to hear about the situation with your parents. I must state though, that the reason why the law office of Anne Thomas faxed over the letter stating the apology etc is simply because they realized a mistake and fixed it. Mistakes do happen. Example: My wife's social security number has been used for the last 14 years! That's right, 14 years, but her bureau is clean as a whistle. That doesn't mean that this nimrod who has been using her social security number isn't going to be nailed to the wall someday! I have received a few calls asking for this person. I explained the situation and went on down the road. I hope that everything has been resolved with your parents situation.
P
Dallas,#8Consumer Suggestion
Sun, January 07, 2007
You will also find some interesting tidbits on this organization under Bud Hibbs site budhibbs.com