Law Firm of Sidney Mikell

PayYouNever — Fri, 20 Jun 2008 23:17:53 GMT

Has anyone dealt with these bullies?

My DW let a CareCredit/GE MoneyBank account go in to collections, and this guy Aaron has been harassing her on the telephone multiple times, but he refused to provide contact information for his law firm. He call her mom and dad and threatened/harassed them, and he's claiming that he can take the parents' house because the account (which the mom is a co-signer) is overdue.

The way I see it, this character named Aaron is violating FDCPA Sections 805(b), 806(2) & (5) and 807(4).

We intended to send a CMRRR DV letter, the full program asking for copies of the paperwork indicating that they can lawfully collect this debt, and evertything to put them on the defensive.

It's not that my DW doesn't intend on paying, she's just been out of work since January (surprise, suprise in this economy) and things are more than tight. She's probably going to sell some artwork to raise the money, it's like $3000, so it's a small claims court action (I think/hope).

But I feel like filing a small claims law suit on my own regarding the violations, which at $1000 a pop, can override the debt.

Re: Law Firm of Sidney Mikell

Anonymous — Sat, 21 Jun 2008 00:05:49 GMT

@PayYouNever wrote:
Has anyone dealt with these bullies?
My DW let a CareCredit/GE MoneyBank account go in to collections, and this guy Aaron has been harassing her on the telephone multiple times, but he refused to provide contact information for his law firm. He call her mom and dad and threatened/harassed them, and he's claiming that he can take the parents' house because the account (which the mom is a co-signer) is overdue.
The way I see it, this character named Aaron is violating FDCPA Sections 805(b), 806(2) & (5) and 807(4).
We intended to send a CMRRR DV letter, the full program asking for copies of the paperwork indicating that they can lawfully collect this debt, and evertything to put them on the defensive.
It's not that my DW doesn't intend on paying, she's just been out of work since January (surprise, suprise in this economy) and things are more than tight. She's probably going to sell some artwork to raise the money, it's like $3000, so it's a small claims court action (I think/hope).
But I feel like filing a small claims law suit on my own regarding the violations, which at $1000 a pop, can override the debt.

Yes, if they've done everything that you've said, they are, in fact, in violation of the FDCPA.

I'd send them an ITS letter and see if they don't forgive the debt in exchange for your not raking them over a legal fire. That is, of course, if you can prove it in a court of law (i.e., telephone convo recordings, witness statements, etc).

From what I understand, if you don't have these kinds of proof, it would be VERY hard to prove in a court of law. If you DO have these kinds of proof, I think the law firm would be wise to listen to you.

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Law Firm of Sidney Mikell

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