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[Flyingifr]

Our friends at Edelman Combs posted this gem, and I think it should be required reading.

http://www.edcombs.com/CM/Custom/collection.defense.1-2008.pdf

[foolsmission]

With all due respect to ya'll UCC haters amongst us.
 

Take this:

C. State law rights are better. The sale of accounts receivable is regulated by
Article 9 of the Uniform Commercial Code.
1. Send a certified or faxed letter requesting assignment or assignments
necessary to show title in plaintiff under UCC §9-406, 810 ILCS 5/9-
406. The way §9-406 is written the debt buyer is not entitled to payment
unless it provides a copy of the assignment(s). Wait about 10 days after
receipt and then move to dismiss on the ground that there is no obligation
to pay.
2. Section 9-210 of the Uniform Commercial Code gives right to accounting,
defined as breakdown of what debt consists of. Debt buyer does not have
option to cease collection. There is $500 statutory damages for
noncompliance, albeit only individually.

[Flyingifr]

Keep in mind that Mr Edelman is, in most cases, addressing ILLINOIS law only. Your State Laws may vary.

[foolsmission]

Oh there you go again confusing (me) the ignorantly bliss, with facts.

[phoenix2ny]

Another little gem. I'm going to post the link in the NY section. At first glance it may seem to all be about IL, but there are a lot of NY case sites in there.

[woeisme]

that was what Im looking for...but for texas.

[Mischievous Smurfy]

that was what Im looking for...but for texas.

http://www.debtorboards.com/smf/index.php?topic=5973.msg43124#msg43124

[dharkheart]

Our friends at Edelman Combs posted this gem, and I think it should be required reading.

http://www.edcombs.com/CM/Custom/collection.defense.1-2008.pdf

Man, I wish there was one of these for Michigan!  Sure would make pro per a lot easier

[terry]

I have a judgement against me.  Does FTC rules still apply in regards to them telling me that they can get an arrest warrant out on me and put me in jail?  If they can't, should I use this to reduce or even eliminate this judgement debt?

[Mischievous Smurfy]

There are very few instances where they can have you thrown in jail for not paying anything, even a judgment.  Those would have to be along the lines of child support or court ordered fines.

If the judgment is something more middle of the road ....  a non government party owns a judgment, then no they cannot have you thrown in jail.

Yes the FDCPA still applies, yes you can use this as leverage.  Sue them for the violations, refuse to settle unless the settlement includes dissmissal or retraxit of the the judgment.

Hard to be more specific without details about what the judgment is for.