Enforcing R4C

[BAMAJiPS]

Hey guys, been a long while since I've posted, but this is right up my alley as I have an over zealous third party debt collector who won't leave me alone.

I've used R4C maybe a dozen times now with third party collectors and it has worked like a charm. They seem to understand when I tell them I refuse to contract w a third party on an alleged debt. They get it and realize they have no standing and they bought the wrong guys debt. The original contract was already satisfied when the third party debt collector bought it at a discount and tried to enforce a claim with me. I love the R4C!

This one guy won't leave me alone though, even though I have certified proof of the R4C being signed for in a timely manner in accordance with the uniform commercial code etc etc.

This guy then called me and argued that the law I cited for the R4C was for commerce and this was a "personal" matter to which I laughed and asked if he was an attorney to which,(after trying to intimidate me into thinking he was one) had to admit that he was not, but that he would make damn sure it got in front of one in my area immediately (as the threatening tone escalated due to me getting under his skin).

Anyway, now they won't stop sending me letters and threatening to sue (still saying that it will be forwarded to an attorney in my area) and any fool can read the law concerning the FDCPA and it explicitly states that if you send them a cease and desist notice then they get ONE more letter to tell you that it can be handled in court. Well, I've had 2 phone calls and two letters, so by my estimation, that is three violations of the FDCPA each offense supposedly carrying a $1000 fine for the offending firm.

My "enforcement" question would be how do I assert my claim that these guys are harassing me and turning the alleged $400 debt into a $3000+ problem for them? I know, as David was alluding to that this site has more to do with article 3 courts and avoiding commercial courts etc, but I have asserted my right to refuse to contract with this third party on a private matter between myself and the original contracting party and I assume the debt has already been satisfied when they sold it to this hotshot collection agency - so do I send a letter to the agency saying they have violated the UCC/FDCPA or just wait to see IF I get sued and present my R4C in court etc or even let them get a summary judgement and then attack the summary judgement later?

[walter]

The "spaniard from the white rabbit group" has a wonderful method of suing company's that break the rules.
He wins all the time. Google him and check out his collection methods.

Enforcing this R4C could be as easy as using the privacy act on them.

Unauthorized use of the NAME is a tort.
If they can't show consent was granted then I don't have to prove a thing.

Attach a fee schedule for unauthorized use of the NAME.
If they want to do business with me then they need to apply for an account number so I can bill them.

[ManOntheLand]

- so do I send a letter to the agency saying they have violated the UCC/FDCPA or just wait to see IF I get sued and present my R4C in court etc or even let them get a summary judgement and then attack the summary judgement later?

A letter to let them know that you know they have violated FDCPA is a good start. FDCPA is much more specific and simpler to enforce than UCC provisions in this situation. The penalty on them under FDCPA is mandatory by law if you sue and provide the proof they committed the violation of FDCPA. So you could go on the offense and sue them. If all you want is for them to go away, a credible threat to sue in a letter might do it.

As far as defending against their lawsuit: check your state statutes and case law, rules of civil procedure, and rules of court. They may be deprived of standing in court to sue you if they have violated FDCPA. You could move to dismiss with that as your basis--"plaintiff has no standing to sue". This is in accordance with the "clean hands" doctrine of equity courts. I would not answer a complaint from them (filing a motion to dismiss is not an answer), nor would I allow a summary judgment and then try to undo it. Take the bull by the horns. If they broke the rules, you should be able to get them to back off.