Part One -- FDCPA (Fair Debt Collection Practices Act) Text 15 USC Section 1692
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- เผยแพร่เมื่อ 6 ต.ค. 2024
- This is the first part of a series of video where we will go through the FDCPA (Fair Debt Collection Practices Act).
This first section describes what Congress found that led to the FDCPA and what their intention was in passing the law.
You can find the text here -- www.law.cornel...
Make sure and subscribe so you can be notified of the upcoming videos. I'll do my best to knock these out about one a day.
Thanks!
John
John G. Watts
Watts & Herring, LLC
Representing consumers across Alabama
205-879-2447
www.alabamacons...
"No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers." Our free weekly webinar is here -- my.demio.com/r... -- on Thursday we'll be talking about some of the new FDCPA rules. Join us if you can!
"No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."
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Here is part two -- th-cam.com/video/vCMV_BvdC_Y/w-d-xo.html
Glad to see you making videos again
Thanks! John
Like it John. I am a paralegal in NC. Keep them coming. Eric P
Will do! :)
Johns’s making vids again 😁 May the force be with you always!
haha -- yeah I apparently lost like two months. Yikes. But I'm back. :)
Thank you so much for going into explaining the law that we can understand
John’s back!! Wooohooo!! This video was great. Looking forward to the entire series. Thanks for sharing.
You got it my friend! :)
@@johngwatts happy Martin Luther king Jr day
John that's a good video looking for the next video, Do this work in the state of NC as well.
Thanks! You should find the next video linked to it and it is here also: th-cam.com/video/vCMV_BvdC_Y/w-d-xo.html
Federal law works everywhere -- can be some different interpretations -- now whether NC has its own version of the FDCPA I don't know. But the FDCPA certainly applies in NC.
Thanks!
John Watts
Thank you John.
You are very welcome!
2:40 debt collection is legitimate (?)
Can this statement be reconciled with public law 73.10 June 5th 1933, and 31 U.S.Code 5118d.2?
Most often the perceived debt is actually a loan to the financial institution, in the form of a promissory note, the alleged lender must then violate Generally Accepted Accounting Practices by not showing the liabilities associated with the promissory note through a kindergarten psychological technique of pretending the loan went to the capitus dimunitio maximus corporation and then expecting the actual lender/ depositor of said account energizing promissory note through novation to assume the debt of this corporations.
Facts , this color of law is all statutory and not lawful towards the American people. We are the original creditors
Thank you!!!!!! Love your videos!!!!
Thank you so much!
Very welcome! Hope you enjoy the other videos in the series....
I love his voice! He sounds so humble and hot at the same time.
Thanks
I thought you cannot bring invasion of privacy to pair up with federal statute when bring a claim ? Or would it depend your states laws?
Hi John.... Im glad I found your channel!!..I have a question about The Fair Debt Collection Act 15 USC.......809 sect..Validation of Debt...I understand that the collect agency or attorney has to send a 30 day demand letter to the person who owes the debt , and to prove you owe the debt ...My question is, does the person who is collecting the debt have to wait 30 days before filing a summons and complaint with the Courts?.....Thank you John....
Glad to have you here and thank you for your comment.
Here is a video on debt validation if you are interested -- th-cam.com/video/PUghWLomCFA/w-d-xo.html
As far as waiting, typically not. So they could sue you without contacting you. They could send you a 1692g letter (Validation letter) and sue you the next day.
BUT.
They have to allow for the 30 days for you to exercise your rights. So if the lawsuit only allows 14 days to answer, the collector (if smart) will say in the lawsuit, "You only have 14 days to answer but we will not take any adverse action during your 30 day window to request verification of this debt."
From the consumer side, I would still file my answer (video today is on answer or motion to dismiss -- th-cam.com/video/8wd_PdQthUA/w-d-xo.html) and possibly request verification. There is a strategy involved -- do you want to ask for a bunch of information or wait till trial. Different schools of thought.
Hope that helps and look forward to comments from you on other videos.
Thanks!
John
great video!
thanks for watching! if you are dying to know more, check out the rest of the series. :)
John when will u post part THREE
Should be first four parts up now my friend...
John
John I need to ask a question hope u can give me “ general knowledge “ advice ok I’ll try to condense it I filed bankruptcy chapter 7 May 31 before then I wrote 2 checks to a supermarket and I included them in the bankruptcy they are still sending threatening collection notices threatening criminal prosecution for the bad checks I advised them I am under bankruptcy protection and they can’t do anything to collect this debt what should I do I represented myself couldn’t afford a lawyer they told me they wasn’t notified by the court and they want me to fax them notice of my bankruptcy filing and copies of the collection notices and they won’t send out any more notices any advice? I am in WV I know the laws maybe different the total amount of the two checks I listed in my bankruptcy totaled $246 dollars any advice would be greatly appreciated they got me nervous! Sincerely James your biggest fan!
James,
I'm not a bankruptcy guy but I don't see any downside to sending them the notice of bankruptcy filings and the collection notices. If they weren't listed on the bankruptcy petition, then they would not know to keep from collecting the debt. The "automatic stay" is what keeps them from doing that.
So these guys asking you to send them notice seems reasonable to me. Of course, disclaimer etc -- check with WV bankruptcy attorney. Maybe there is some reason not to but I can't think of what it would be. Bankruptcy is all about giving notice to people that you filed so sending it now is simply telling them now what they should have been told on the front end.
If you find out a different answer or if you go this route, let us know how it goes. Hopefully very well for you!
John Watts
PS -- keep comments coming -- I use alot of these for ideas for videos. And I'm happy to help any way I can.
🔥🔥🔥
As a Consumer you should not have debt to begin with
Do you know any good consumer lawyers in Texas? I’m in Austin, but I don’t mind traveling to work with someone good. I haven’t had much luck looking here locally
Daniel -- try www.consumeradvocates.org/find-an-attorney as I don't personally know anyone in Texas. That might give you a good starting point.
Best wishes!
John