Michael Stephen Agruss’s Answers

Michael Stephen Agruss

Chicago Personal Injury Lawyer.

Contributor Level 10
  1. Are original creditors held liable for debt collection violations of the agencies they hire?

    Answered about 2 years ago.

    1. Michael Stephen Agruss
    2. Richard Scott Lysle
    2 lawyer answers

    Generally speaking, no. FDCPA liability is not imputed to the original creditor unless both the original creditor and collection agency are debt collectors within the meaning of the statute. In re Cooper, 253 B.R. 286, 291 (Bankr. N.D. Fla. 2000). However, because you live in California, you are entitled to additional protection from first-party creditors. Although the Fair Debt Collection Practices Act (FDCPA) applies to every state, not all states provide its residents additional...

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  2. Question about debt collection letter from attorney

    Answered about 2 years ago.

    1. Pamela Koslyn
    2. Michael Stephen Agruss
    3. Dorothy G Bunce
    4. Robert Harlan Stempler
    5. Richard Scott Lysle
    5 lawyer answers

    There are mixed oppinions throughout the country on the issue of whether or not the language, "at this time no lawyer at this firm has personally reviewed the particular circumstances of your account," is deceptive. I litigated this issue in CA and lost. However, the 3rd Circuit Court of Appeals, in Lesher v. Mitchell N. Kay, recently upheld a decision that held this type of languag is deceptive. I would be more concerned that the letter does not accurately reflect the amount of money...

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  3. Debt collector sounds like he's from india and I think its a scam he keeps harrasing me at work I file a compliant with the FTC

    Answered about 2 years ago.

    1. Judy A. Goldstein
    2. Michael Stephen Agruss
    3. Jonathan H Levy
    3 lawyer answers

    It's a scam. No legitimate collection agency will ask you to wire them money. You should ignore the calls, file a complaint at www.FTC.gov, and ask your phone company to block the number. Do not give any of your personal information to the collector. I suspect you took a payday loan in the past few years. Most of the scams I've seen deal with people that have taken out payday loans in the past. If you have any other questions or concerns, please let me know. www.agrusslawfirm.com

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  4. Debt collector guy wants me to fax him my id & wants me to send the payment as a money gram payment is it a scam?

    Answered about 2 years ago.

    1. Michael Stephen Agruss
    2. Daniel A Frischberg
    3. Marc Gregory Wagman
    3 lawyer answers

    It's a scam. No legitimate collection agency will ask you to send them a copy of your ID or ask you to wire them money. You should ignore the calls, file a complaint at www.FTC.gov, and ask your phone company to block the number. Do not give any of your personal information to the collector. I suspect you took a payday loan in the past few years. Most of the scams I've seen deal with people that have taken out payday loans in the past. If you have any other questions or concerns,...

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  5. Can I get back overpayment to a collection agency that was being deducted from the bk account?

    Answered about 2 years ago.

    1. Michael Stephen Agruss
    2. Mark William Oakley
    2 lawyer answers

    Section 1692f of the FDCPA addresses your concern. A debt collector may not use unfair or unconscionable means to collect a debt. A collection agency violates the the FDCPA if the debt collector collects any amount (including any interest, fee, charge, or expense) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. You should send the collection a letter, certified mail return receipt, with proof of the agreement to pay $2400 and proof of...

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  6. I HAVE A BILL COLLECTOR CALLING MY JOB CONSTANTLY EVEN AFTER I TOLD HIM I CANNOT GET CALLS

    Answered about 2 years ago.

    1. Michael Stephen Agruss
    2. Michael A. Goldstein
    3. Ryan Steve Alexander
    3 lawyer answers

    Your situation deals with section 1692c(a)(3) of the Fair Debt Collection Practices Act (FDCPA). That is, a debt collector may not communicate with you regarding a debt at your place of employment if the debt collector knows or has reason to know that your employer prohibits you from receiving such calls at work. Have you told the collector to stop calling you at work? If so, and the collector continues to call you at work, then the collector has violated the FDCPA. If a debt collector...

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  7. In regard to consumer debt and being sued.......

    Answered about 2 years ago.

    1. Michael Stephen Agruss
    2. L. Maxwell Taylor
    3. Wesley Kent Hill
    3 lawyer answers

    You question deals with section 1692c(c) of the FDCPA. If you notify a debt collector in writing that you refuse to pay the debt, then the debt collector cannot communicate with you further, except in three limited circumstances. Therefore, telling a collector that you refuse to pay will not prevent legal action. In fact, sometimes telling a collector that you refuse to pay, or sending a collector a cease and desist letter, will trigger a lawsuit. Depending on the collection agency, the...

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  8. Does a collection agency have to notify you of a debt before they file a lawsuit against you?

    Answered about 2 years ago.

    1. Eric D Ridley
    2. Michael Stephen Agruss
    3. Frank Wei-Hong Chen
    4. Richard Scott Lysle
    5. Robert Harlan Stempler
    5 lawyer answers

    No, a collection agency does not have to notify you first before filing a lawsuit. If you do not pay a debt, a creditor or its debt collector generally may sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt. Wage garnishment happens when your...

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  9. Debt collector keeps harrasing me at work I told him to stop calling me & file a compliant already but they call still

    Answered about 2 years ago.

    1. Mara Ann Baltabols
    2. Michael Stephen Agruss
    3. Judy A. Goldstein
    3 lawyer answers

    Your situation deals with section 1692c(a)(3) of the Fair Debt Collection Practices Act (FDCPA). That is, a debt collector may not communicate with you regarding a debt at your place of employment if the debt collector knows or has reason to know that your employer prohibits you from receiving such calls at work. Have you told the collector to stop calling you at work? If so, and the collector continues to call you at work, then the collector has violated the FDCPA. If a debt collector...

    3 lawyers agreed with this answer

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  10. What can I do regarding a medical collection bill for my husband?

    Answered about 2 years ago.

    1. Tim L Eblen
    2. Daniel A Frischberg
    3. Michael Stephen Agruss
    4. Thomas A McAvity
    5. Brian S Wayson
    5 lawyer answers

    I agree with the previous response to your question. You can also send letters to the collection agencies contacting you to let them know about your financial situation. If you want the communications from the collection agencies to stop, you can also send the collection agencies a cease and desist letter. I'm assuming these medical bills have already been submitted to insurance. But, if they haven't, you can submit the medical bills to your husband's insurance company.

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