[creditwrench newsletter] New Post/Thread Notification: ASK AN ATTORNEY

Hello,

Creditwrench has just posted in the ASK AN ATTORNEY forum of CreditWrench under the title of {rss:Debt Law Network}.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?t=3306

Here is the message that has just been posted:
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The*Fair Debt Collection Practices Act covers letters to an attorney and not only to the consumer.* This is not commonly understood, yet it can add dollars to your ultimate recovery.
The Supreme Court's benchmark decision, which ruled that attorneys are subject to the FDCPA, was itself based upon a lawyer-to-lawyer settlement demand for a false insurance obligation as part of a defaulted car loan. (The Supreme Court's opinion inexplicably described a letter to the debtor plaintiff and not to her attorney.* Heintz v. Jenkins, 514 U.S. 291 (U.S. 1995).

On remand, the Seventh Circuit made clear that the violating letter was to the consumer's attorney: "[D]efendant Heintz sent Jenkins' lawyer a settlement offer asking for $ 4,173 in premiums for this force placed insurance as well as $ 3,000 remaining on the principal balance of the loan (as well as some $ 1,000 in penalties)." Jenkins v. Heintz, 124 F.3d 824, 827 (7th Cir. 1997) (recovery denied for other, evidentiary*reasons).





*If you liked that post, then try these...*

Who is Not Subject to All Provisions of the Fair Debt Collection Practices Act (FDCPA)? (http://www.debtlawnetwork.com/who-is-not-subject-to-all-provisions-of-the-fair-debt-collection-practices-act-fdcpa/) by Stephen Otto, Pittsburgh Consumer Attorney
Can A Creditor Garnish My Paycheck? (http://www.debtlawnetwork.com/can-a-creditor-garnish-my-paycheck/) by Karen Oakes, Southern Oregon Debt Law Attorney
Should You Voluntarily Give Back Your Auto Before Repossession? (http://www.debtlawnetwork.com/should-you-voluntarily-give-back-your-auto-before-repossession/) by Karen Oakes, Southern Oregon Debt Law Attorney

More... (http://www.debtlawnetwork.com/feed/)
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