A notorious Utah collection law firm pulled my CR on 12/22/06. They have called three times using an auto-dialer with really funny ha-ha messages like if I am not me, to stop listening to the message.
Oh and they insert my name with over 35 seconds of dead air between my computer-generated first and last name. The messages are really hilarious to listen to.
In today’s mail, postmarked on 12/28/06, I received a dunning letter from them. In no less than 6 places in the letter, they tell me to send payment or call them and if I do neither one, their “client may be entitled to file a lawsuit against me or take further action for the collection of the debt.”
The letter claims that the OC is A$$et.
The letter has all the mandatory warnings including text about the new part that went into effect in December and says “The law does not require our client to wait until the end of the thirty-day period before pursuing their contractual rights against you to collect this debt. If, however, you request proof of the debt or the name and address of the original creditor within the thirty-day period that begins with your receipt of this letter, the law requires our firm to suspend our efforts to collect the debt (through litigation or otherwise) until we mail the requested information to you."
In all, the letter implies 6 times that they will file suit unless I pay up.
It also says and I quote,
“At this time, no attorney with this firm has personally reviewed the particular circumstances of your account. However, if you fail to contact this office, our client may consider additional remedies to recover the Total Amount Due.” End quote.
After reading and re-reading everything I have archived about collection attorneys and what they need to do to stay compliant with the FDCPA including all the caselaw on attorneys and meaningful review, what do you guys think about that last part??
Apex….anything in WV Code on this? If so, I can’t find it…
DV letter is all ready to go into the mail tomorrow. I am fully prepared to deal with a law firm who claims A$$et is an OC...
You are so right Hannah I have read over case law on this mainly out of the sixth. On my website inthe CL forum there shoule be 1-3 cases on this in there you just need to search 
