Legal Question in Credit and Debt Law in Texas
Do I have an FDCPA violation Case
I recently asked a question about FDCPA Violation. I have phone records (VOIP), and fax confirmation (which were done over the internet) where I asked this company to Cease & Desist communication. I called and asked verbally on 11/24/06, sent the first fax on 11/25/06, second fax on 11/26/06, as well as I left a voice message in their company voice mailbox on 11/25/06.
�� The debt is 5month old, and I have never received a letter from this collection agency.
�� In fact, the original creditor recently sent me a statement with a due date.
�� In addition, this company called a friends house (I have never lived there) twice in the same day, on 11/24/06, and left information with her father, including a case#.
I am now, as of today, going to send a certified, signature-required letter to Cease & Desist.
1.) Based on the fax confirmations, and the phone records, as well as messages left (VOIP), do I have a case to sue for violation of the FDCPA?
2.) If so, do I need to retain an attorney for this action?
1 Answer from Attorneys
Re: Do I have an FDCPA violation Case
Unless you are an expert on all the nuances of FDCPA, I advise you to present your case to an attorney. If you have a case (and it appears to me that you might), a competent attorney will be able to maximize the value of your claim for you. Good Luck.