All,
I saw this article and found it shocking. District Attorneys (DAs) are letting collection agencies use the DA’s letterhead to collect on alleged debts.
It is important to read all of the documents you get and important to read the whole document.
Another thing to consider is that this article didnt show any examples, unfortunately. It would be nice to have seen an example and be able to dissect it.
I like getting collection letters as they are just the start of cashflow to me. I would love to get one from a collector on the DA’s letterhead. It would be interesting and fun to sue the local DA in federal court for FDCPA violations. How can the DA be anything but a collector as defined by the FDCPA?
I find it interesting how the line between our judicial system and the collection agencies is becoming non-existent. If you go to a county or state court for anything, you can see for your self. It is a ripoff. You may find the “judge” is little more than a cashier in an ugly dress.
My experience in Federal Court has been much different than my experience in the local kangaroo courts. FDCPA and FCRA issues are likely best put before a federal court and jury.
Let me know if I can help you. Fight the good fight, Boiler
Unbelievable! I hate to think what is next. Maybe the debt collectors can just buy the courts and run them as a subsidiary. JT the brick!
JT,
I am not too sure who owns the courts. If you go to Dunn and Bradstreet, most courts are registered as corporations.
Thanks, Boiler
This is the original NYT article:
In Prosecutors, Debt Collectors Find a Partner
http://www.nytimes.com/2012/09/16/business/in-prosecutors-debt-collectors-find-a-partner.html
There are images of the letterheads, but I’m not sure any scans of complete notices. A TechDirt article has a low-res scan of the face page of one of the letters Yartz got.
Local District Attorneys Sell Their Letterhead & Threats Of Jailtime To Debt Collectors
http://www.techdirt.com/articles/20120917/12441420408/local-district-attorneys-sell-their-letterhead-threats-jailtime-to-debt-collectors.shtml
The viability of FDCPA claims is not so clear. This scheme seems to rely on a less regarded section (§1692p) which discusses the sort of ‘check writer rehab’ programs supposedly offered by the outsourced collectors.
15 USC § 1692p – Exception for certain bad check enforcement programs operated by private entities
http://www.law.cornell.edu/uscode/text/15/1692p
This is admittedly a part of the Act so far away from my experience that I’m only this week studying it. Regarding this ‘D.A. as C.A.’ story I’ve not yet decided how great a gap lies between “illegal” and “stinks to high heaven”.
Resident,
Thanks for the details. I appreciate your comments and information.
Thanks, Boiler.