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Old 09-19-2007, 09:22 PM   #16 (permalink)
Lecasbas
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Join Date: Sep 2007
Posts: 84
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Original quote by: jlynn

Quote:
4. To see if you have bailed on every creditor known to man so they can decide if you are worth the man hours to pursue.
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This is interesting. If the lawyer for the ca sees that other ca's have done a hard pull and there are 0 public records, i.e, no judgments, then the current ca may think that the Bad Debt is not worth chasing after.


Quote:
I seem to remember an FDCPA Opinion letter that says Litigation (assuming this is the lawyer that sued you) is NOT a permissible purpose. Be advised, FDCPA Opinion Letters are merely interesting reading they carry no weight in 99.9% of the courts. However, it is something worth researching to see if someone ever won or lost that battle.
I understand that Opinion Letters are commonly ignored but a Defendant could Counterclaim that the ca's lawyer violated the FDCPA by asking for a hard pull for the purpose of litigation and then use the Opinion Letter as a reference. Case law would be better.
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