- Jared Hartman, Esq.
- Posted on November 14, 2015
Semnar & Hartman, LLP have recently filed a lawsuit against a debt collector out of the McCarron, Nevada called First National Collection Bureau, Inc. for threatening an improper lawsuit against a consumer whose debt had been discharged in Chapter 7 Bankruptcy in 2006. The FDCPA prohibits a debt collector from misrepresenting the legal status of a debt and also prohibits a debt collector from threatening to take an action that cannot be legally taken. Because the credit card debt had been discharged in Bankruptcy in 2006, the debt had been completely extinguished and any legal ability for the client to be sued on the debt has also been expired by the statute of limitations due to the age of the default on the debt. When First National sent its collection letter repeatedly claiming to be offering to settle the debt and the settlement offer would be revoked if it were not accepted on their terms, then First National implicitly threatened to the client that she could be sued on the debt. Moreover, due to the Bankruptcy discharge, the debt no longer exists anyway. Consequently, a lawsuit has been recently filed against First National to remedy this abusive conduct. A copy of this lawsuit can be read by clicking HERE.
If you or a loved one have been contacted by this debt collector, please contact us immediately for a free and confidential consultation to review your rights.
- Jared Hartman, Esq.
- Posted on September 21, 2015
The law firm of Semnar & Hartman LLP has recently filed a lawsuit against these companies for some very egregious violations of the Rosenthal Act and the Federal FDCPA. The client was being contacted on a very old credit card debt that is barred from judgment by statute of limitations. When a debt collector is prohibited from obtaining a judgment by the applicable statute of limitations, the FDCPA requires that the collector not threaten a lawsuit, file a lawsuit, and in many instances cannot even imply that a lawsuit is possible or being considered. The reason is because the debtor is not likely to know that the statute of limitations has expired, and is therefore likely to be misled into paying the debt out of duress just to avoid a lawsuit that in actuality could never have been sought.
The offending companies in this case left multiple voicemails on the cell phone for his client, his mother, and his mother in law claiming that a lawsuit was being filed and process servers were looking for the client. However, all of this was false. A lawsuit had never been filed against the client, and due to the statute of limitations expiring the companies violated the Rosenthal Act and the FDCPA by even claiming one was being considered.
Additionally, the offending companies left voicemails for the client, his mother, and mother in law threatening that the lawsuit involved allegations of fraud and theft of services. Again, these threats were false and violated the Rosenthal Act and FDCPA. A breach of an agreement to pay a credit card (or any other loan) is not a criminal action unless it can be proven beyond a reasonable doubt that the debtor entered into the loan without any intention of ever paying it back. Simply failing to pay the debt is not a criminal action and a debt collector claiming it is a criminal action has violated the law.
A copy of this Complaint can be read by clicking HERE.
If you or a loved one have been subjected to similar such violations, do not take them lightly. Consumer rights are in play to protect the gullible and to prevent debt collectors and creditors from taking unfair advantage of the consumer. Please do not hesitate to contact us for a free and confidential consultation.