QUESTION

Are buyers of bad debt governed by FDPCA? HELOC defaulted in 2010. Bank charged it off. House upside down. Third party says they bought debt in 2012.

Asked on Mar 15th, 2014 on Collections - Florida
More details to this question:
Asked 3rd Party to validate the debt. Third party is in CA, I live in FL. They claim they do not have to comply with FDPCA because they are not a collections agency, but the owner of the debt. They are not licensed for collections in FL, and say they do not have to be. Is this correct? Never received notice from original Bank saying they sold my loan, nor from this person, but 3rd party did file assignment of loan finally in Aug. 2013. That is all I have seen other than this person's correspondence, which DOES NOT include the standard "attempt to collect a debt" language. I have no idea what is owed or how it was calculated (my ex was ordered to pay this debt in 2010 by court). They are threatening to file foreclosure.
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
Generally, yes and in Florida, the FCCPA. If you would like, we do offer FREE consultations to assist in determing how we can help. Just call 1-800-922-6442.
Answered on Mar 18th, 2014 at 12:01 PM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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