Texas Collection Practices Act

JayinGR · 10-19-2007, 11:40 AM

Can you sue a collector based in TX under this statute but in MI?

Enigma · 10-19-2007, 01:08 PM

Which statute?

Did the CA dun you in MI while you were a resident of MI?

JayinGR · 10-19-2007, 01:12 PM

I am not quite sure. I always here everyone here talking about the TDCPA. The CA is not licensed in MI to collect and they were sent a DV and never responded but continue to send letters and make phone calls. The DV was sent CMRRR they got it and acknowledge it on the phone but just keep violating.

Since I see everyone say that the TDCPA is so strong I wondered if that could be used instead of the MCPA.

Thanks

centex · 10-19-2007, 01:13 PM

My guess is he wants a Mighigan judge to rule on a matter associated with Texas Finance Code, presumably Chapter 392...however, until that is clarified, further comment is withheld.

drivel · 10-19-2007, 01:14 PM

Quote:

Originally Posted by JayinGR

I am not quite sure. I always here everyone here talking about the TDCPA. The CA is not licensed in MI to collect and they were sent a DV and never responded but continue to send letters and make phone calls. The DV was sent CMRRR they got it and acknowledge it on the phone but just keep violating.

Since I see everyone say that the TDCPA is so strong I wondered if that could be used instead of the MCPA.

Thanks

I'd try and get them on Federal Dogfighting charges myself.

So what's new jayingr?

JayinGR · 10-19-2007, 01:35 PM

Quote:

Originally Posted by centex

My guess is he wants a Mighigan judge to rule on a matter associated with Texas Finance Code, presumably Chapter 392...however, until that is clarified, further comment is withheld.

Correct Centex. I found the stat your referring to and looked it up and read it. Its the correct one. I appreciate any comments.

Whats up Dr. E. Not to much over here, I interviewed with a CA law firm who subscribes to inside arm. They know your handle quite well

Hows it going over there? Baby E doing well? Ellie is sick...remodeling the house right now with DW

Enigma · 10-19-2007, 01:51 PM

Are they reporting?

Why not use your local laws instead of trying to bring the Great State of TX into it?

Then again there is the whole issue of personal jurisdiction.

JayinGR · 10-19-2007, 02:01 PM

Thanks Enigma,

they are reporting on one CRA. The laws here in MI suck when it comes to collections.

Thanks,

J

roybean · 10-19-2007, 02:35 PM

Jay, I filed a complaint against a CA based in Texas and I combined FDCPA, FCRA, and the TX finance code. They settled, so I didn't get to go into real detail with them. If memory serves I think Tower wrote something on how to use the TX finance code when you live in another state and are dealing with a TX CA which is what I was doing. I think it is in the AoC archives or I have it saved somewhere.

The CA is bound by TX law (IMHO) and that's the way I wrote my complaint. Did you DV them timely?