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I have two LVNV accounts, they just sent me documentation stating that one is being charged interest at 16% and the other at 7%. I lived in Cali the entire time of the SOL and now just recently moved to Michigan. The accounts were "Project Cards" from Lowes. Which corresponding state and rate (legal, contract, credit) do I use and do I have the right to contest the rates they are charging? My understanding in California is that if in violation of usury it deems the account uncollectable.
Thank you for any insight.
California Collection Interest Rates
California Legal Rate: 7% per annum (Without written contract)
Contract Rate: 10% per annum
Credit Agreement: 21% per annum
Judgment Rate: 10% per annum on principal amount unsatisfied
Usury % Cap for Commercial Loans: - 5% over FRBSF Discount Rate
Michigan Collection Interest Rates
Legal Rate: 5% per annum (Maximum permitted in Michigan without an agreement)
Contract Rate: 7% per annum
Judgment Rate: Variable
Usury % Cap: 25% per anum
I am assuming that the debt collector now owns the debt, as if the OC still owns it, technically any additional interest is accrued to them, not the debt collector, and the debt collector is simply attempting to collect interest asserted by the OC. If the debt collector has purchased the debt, they become the owner, and thus subject to whatever provisions of law govern their charges.
FDCPA 808(1) makes it a violation for a debt collector to attempt to collect any amount that is either not specfically authorized in the contract that created the debt, or is otherwise permittted by law.
I would presume that the OC did not include any provision for interest in their initial contract that violated any usery laws. If they did, that contract can be challenged.
Any additional amount tacked on by a debt collector becomes a violation of the FDCPA if not permitted by law.
Absence of a statutory authorization for any such amount would, in and of itself, not be permitted by law. The addition of a usery law that that explicitly prevents such amounts would be the icing on the cake.
The key, in my opinion, is what is authorized in the original account agreement, and whether that rate is in compliance with any usery laws.