Robert
Buffalo,#2Consumer Suggestion
Tue, January 27, 2009
""This company is a complete joke !!! The are calling my family and friends telling them that I owe i debt. Completely illegal !!!"" Indeed this is illegal and actionable. It is a violation of the Fair Debt Collection Practices Act (www.ftc.gov) and more importantly for YOU, is it is a violation (and a misdemeanor) of Article 29H of the NY State General Business Law. Each instance of violation is a separate violation and may be prosecuted by the NYS Attorney General OR ANY COUNTY DISTRICT ATTORNEY. ""The CC company long forgot about this and wrote it off in 2001."" The SOL in NY for such consumer debt is 6 years. The SOL is expired. ""My lawyer tell me that I can sue them for about 10 million dollars."" LMAO! Yes, you can sue and ask for 10 million-don't expect to WIN that amount or anything close to it. I suggest you consult with a different attorney and file a suit that requests a REASONABLE amount in damages. Also, you should sue in District Court-DC allows for reasonable attorney fees, as well as actual and statutory damages. ""I am going to file the lawsuit this week. "" Good for you. If your report is accurate and you can prove the violations you should prevail and be awarded REASONABLE damages (not 10 million.) Please note that in many such cases, the debt collector will offer you an out of court settlement. ""I might never collect from them but I can close them down so they don't harass anyone else."" No, you will not shut them down. These outfits make too much money for the few provable FDCPA violation cases to have any lasting impact on them, much less such them down. The FDCPA was written in 1978 and allows for up to $1000 in statutory damages (per individual lawsuit.) These debt collectors merely consider this as an additional cost of doing business. For the FDCPA to be a REAL DETERRENT, the statutory damages should be increased to $5000 or more. Your individual suit is NOT GOING TO SHUT THEM DOWN but you should walk away with some easy extra cash. Good luck.
Robert
Buffalo,#3Consumer Suggestion
Tue, January 27, 2009
""This company is a complete joke !!! The are calling my family and friends telling them that I owe i debt. Completely illegal !!!"" Indeed this is illegal and actionable. It is a violation of the Fair Debt Collection Practices Act (www.ftc.gov) and more importantly for YOU, is it is a violation (and a misdemeanor) of Article 29H of the NY State General Business Law. Each instance of violation is a separate violation and may be prosecuted by the NYS Attorney General OR ANY COUNTY DISTRICT ATTORNEY. ""The CC company long forgot about this and wrote it off in 2001."" The SOL in NY for such consumer debt is 6 years. The SOL is expired. ""My lawyer tell me that I can sue them for about 10 million dollars."" LMAO! Yes, you can sue and ask for 10 million-don't expect to WIN that amount or anything close to it. I suggest you consult with a different attorney and file a suit that requests a REASONABLE amount in damages. Also, you should sue in District Court-DC allows for reasonable attorney fees, as well as actual and statutory damages. ""I am going to file the lawsuit this week. "" Good for you. If your report is accurate and you can prove the violations you should prevail and be awarded REASONABLE damages (not 10 million.) Please note that in many such cases, the debt collector will offer you an out of court settlement. ""I might never collect from them but I can close them down so they don't harass anyone else."" No, you will not shut them down. These outfits make too much money for the few provable FDCPA violation cases to have any lasting impact on them, much less such them down. The FDCPA was written in 1978 and allows for up to $1000 in statutory damages (per individual lawsuit.) These debt collectors merely consider this as an additional cost of doing business. For the FDCPA to be a REAL DETERRENT, the statutory damages should be increased to $5000 or more. Your individual suit is NOT GOING TO SHUT THEM DOWN but you should walk away with some easy extra cash. Good luck.
Robert
Buffalo,#4Consumer Suggestion
Tue, January 27, 2009
""This company is a complete joke !!! The are calling my family and friends telling them that I owe i debt. Completely illegal !!!"" Indeed this is illegal and actionable. It is a violation of the Fair Debt Collection Practices Act (www.ftc.gov) and more importantly for YOU, is it is a violation (and a misdemeanor) of Article 29H of the NY State General Business Law. Each instance of violation is a separate violation and may be prosecuted by the NYS Attorney General OR ANY COUNTY DISTRICT ATTORNEY. ""The CC company long forgot about this and wrote it off in 2001."" The SOL in NY for such consumer debt is 6 years. The SOL is expired. ""My lawyer tell me that I can sue them for about 10 million dollars."" LMAO! Yes, you can sue and ask for 10 million-don't expect to WIN that amount or anything close to it. I suggest you consult with a different attorney and file a suit that requests a REASONABLE amount in damages. Also, you should sue in District Court-DC allows for reasonable attorney fees, as well as actual and statutory damages. ""I am going to file the lawsuit this week. "" Good for you. If your report is accurate and you can prove the violations you should prevail and be awarded REASONABLE damages (not 10 million.) Please note that in many such cases, the debt collector will offer you an out of court settlement. ""I might never collect from them but I can close them down so they don't harass anyone else."" No, you will not shut them down. These outfits make too much money for the few provable FDCPA violation cases to have any lasting impact on them, much less such them down. The FDCPA was written in 1978 and allows for up to $1000 in statutory damages (per individual lawsuit.) These debt collectors merely consider this as an additional cost of doing business. For the FDCPA to be a REAL DETERRENT, the statutory damages should be increased to $5000 or more. Your individual suit is NOT GOING TO SHUT THEM DOWN but you should walk away with some easy extra cash. Good luck.
Robert
Buffalo,#5Consumer Suggestion
Tue, January 27, 2009
""This company is a complete joke !!! The are calling my family and friends telling them that I owe i debt. Completely illegal !!!"" Indeed this is illegal and actionable. It is a violation of the Fair Debt Collection Practices Act (www.ftc.gov) and more importantly for YOU, is it is a violation (and a misdemeanor) of Article 29H of the NY State General Business Law. Each instance of violation is a separate violation and may be prosecuted by the NYS Attorney General OR ANY COUNTY DISTRICT ATTORNEY. ""The CC company long forgot about this and wrote it off in 2001."" The SOL in NY for such consumer debt is 6 years. The SOL is expired. ""My lawyer tell me that I can sue them for about 10 million dollars."" LMAO! Yes, you can sue and ask for 10 million-don't expect to WIN that amount or anything close to it. I suggest you consult with a different attorney and file a suit that requests a REASONABLE amount in damages. Also, you should sue in District Court-DC allows for reasonable attorney fees, as well as actual and statutory damages. ""I am going to file the lawsuit this week. "" Good for you. If your report is accurate and you can prove the violations you should prevail and be awarded REASONABLE damages (not 10 million.) Please note that in many such cases, the debt collector will offer you an out of court settlement. ""I might never collect from them but I can close them down so they don't harass anyone else."" No, you will not shut them down. These outfits make too much money for the few provable FDCPA violation cases to have any lasting impact on them, much less such them down. The FDCPA was written in 1978 and allows for up to $1000 in statutory damages (per individual lawsuit.) These debt collectors merely consider this as an additional cost of doing business. For the FDCPA to be a REAL DETERRENT, the statutory damages should be increased to $5000 or more. Your individual suit is NOT GOING TO SHUT THEM DOWN but you should walk away with some easy extra cash. Good luck.
Me
Saratoga Springs,#6Consumer Comment
Tue, January 27, 2009
The are calling my family and friends telling them that I owe i debt. Completely illegal !!! The SOL is past on my unsecured credit card debt. The CC company long forgot about this and wrote it off in 2001. My lawyer tell me that I can sue them for about 10 million dollars. I am going to file the lawsuit this week. I might never collect from them but I can close them down so they don't harass anyone else.
Inspector
Tobyhanna,#7Consumer Comment
Wed, September 17, 2008
You cannot be touched especially if the loan was unsecured. Don't let these employees intimidate you. You can sue them. They are bottomfeeders. The lady that had a car repo'd was obviously delequent on her car payment, this loan is secured. The other guy that had his wages garnished, is not telling you the whole story and probably a deadbeat on all his bills. People get into financial difficulties and in this economy it is understandably so. Don't be intimadated. I have been in this situation and know many others that have been there also. Stand your gound, give them nothing. Charles
Jean
Hamburg,#8UPDATE Employee
Tue, September 16, 2008
If you think you cant be touched and the people who work at lhr cant really do anything about the fact that you are refusing to pay your bill, read the post about the woman who just had her car repo'd by her county sheriff for failure to pay her bill. Also, the statue to limitations varies by state. In some states companies have up to 15 years to file suit against you. Another point, just because something has been charged off on your credit report, doesn't mean you're no longer responsible for it. Most original creditor contracts have a clause in them that allows them to sell your accounts, while maintaining your responsibility to pay it. One last point for now...we are all living in the same place while dealing with the same economy, IT IS NOT AN EXCUSE!!!!
John
Louisville,#9Consumer Comment
Thu, July 03, 2008
Once the statute of limitations has passed on credit card debt (this varies for each state, but is normally in the 4-5 year range), the collection agency has lost any real power over you because they cannot take you to court. All they can do is to scare/annoy you into paying. If you know that the debt is outside the SOL, you don't have to be afraid of anything.....send them a cease communications letter and tell them to get lost. Making just one tiny payment will reset the SOL.....so be careful.
Collector1
Indie,#10Consumer Comment
Thu, July 03, 2008
you should be scared of this company. i had a del credit card and failed to make payment. lhr sued me they are now currently garnishing my wages so anybody that says not to be afraid is wrong im paying for it now. i wish i would of settled the account when they were offering to knock of the lates fees, now i have to pay the full balnce and i have no choice, unless i want to quit my job.