Character & Fitness Question

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JoeLaw
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Joined: Thu Sep 09, 2010 7:36 pm

Character & Fitness Question

Postby JoeLaw » Thu Sep 09, 2010 7:50 pm

Hello i'm new to this forum

I have a question - Long story short: I had two credit cards that went to collections, at the time I owed about $500 total for both of them. I continually contacted my original creditor about making payments but was told that I could not because the information for my file was sent to collections. I recently received a letter from the collection company asking for $3000 for both cards. I asked the collections company how they got that amount and they said interest. I called an attorney and the attorney said they had to show (an original contract) what the interest would be and what it would be when i defaulted. The collection company doesn't have an original contract. When I asked them to validate the debt all they sent was a letter from their offices telling me that I owe $3000 (their letter head). I called the original creditor but they dont have any information on me as they say the file was sold to the collections company.

My Situation The collections company says I owe $3000 (due to interest which they cannot prove) but I know from the time of the card default (both) I owed around $500. How would this look to my state bar, Florida, for Character & Fitness purposes since I am and have attempted to pay back the debt but have not (since the debt was in collection) due to a dispute over the actual amount of the debt? I know for sure the interest rate, even for delinquency, was not that high and they are pulling a fast one, however, the original creditor does not have the original documents.

How does this look for someone applying to the bar? I am not disputing that I owe money, I am disputing HOW much is owed

JoeLaw
Posts: 2
Joined: Thu Sep 09, 2010 7:36 pm

Re: Character & Fitness Question

Postby JoeLaw » Thu Sep 09, 2010 7:54 pm

JoeLaw wrote:Hello i'm new to this forum

I have a question - Long story short: I had two credit cards that went to collections, at the time I owed about $500 total for both of them. I continually contacted my original creditor about making payments but was told that I could not because the information for my file was sent to collections. I recently received a letter from the collection company asking for $3000 for both cards. I asked the collections company how they got that amount and they said interest. I called an attorney and the attorney said they had to show (an original contract) what the interest would be and what it would be when i defaulted. The collection company doesn't have an original contract. When I asked them to validate the debt all they sent was a letter from their offices telling me that I owe $3000 (their letter head). I called the original creditor but they dont have any information on me as they say the file was sold to the collections company.

My Situation The collections company says I owe $3000 (due to interest which they cannot prove) but I know from the time of the card default (both) I owed around $500. How would this look to my state bar, Florida, for Character & Fitness purposes since I am and have attempted to pay back the debt but have not (since the debt was in collection) due to a dispute over the actual amount of the debt? I know for sure the interest rate, even for delinquency, was not that high and they are pulling a fast one, however, the original creditor does not have the original documents.

How does this look for someone applying to the bar? I am not disputing that I owe money, I am disputing HOW much is owed


I have read negative things about this company and called the FTC (which controls collections agencies) and they filed a complaint against this collections company based on the info I told them. I have made honest attempts to pay the original creditor but I will not pay for something that cannot be proven to a company that has several complaints and lawsuits out against them that has a history of having people pay then selling their debts to other collection agencies thus, having people pay 2X sometimes 3X for the same debt. This wouldn't be a problem for an average person, but for someone that is applying to the bar how is this looked upon?

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seespotrun
Posts: 2395
Joined: Thu Jul 09, 2009 9:36 am

Re: Character & Fitness Question

Postby seespotrun » Thu Sep 09, 2010 7:57 pm

JoeLaw wrote:Hello i'm new to this forum

I have a question - Long story short: I had two credit cards that went to collections, at the time I owed about $500 total for both of them. I continually contacted my original creditor about making payments but was told that I could not because the information for my file was sent to collections. I recently received a letter from the collection company asking for $3000 for both cards. I asked the collections company how they got that amount and they said interest. I called an attorney and the attorney said they had to show (an original contract) what the interest would be and what it would be when i defaulted. The collection company doesn't have an original contract. When I asked them to validate the debt all they sent was a letter from their offices telling me that I owe $3000 (their letter head). I called the original creditor but they dont have any information on me as they say the file was sold to the collections company.

My Situation The collections company says I owe $3000 (due to interest which they cannot prove) but I know from the time of the card default (both) I owed around $500. How would this look to my state bar, Florida, for Character & Fitness purposes since I am and have attempted to pay back the debt but have not (since the debt was in collection) due to a dispute over the actual amount of the debt? I know for sure the interest rate, even for delinquency, was not that high and they are pulling a fast one, however, the original creditor does not have the original documents.

How does this look for someone applying to the bar? I am not disputing that I owe money, I am disputing HOW much is owed


TCR is to call the state bar and ask them. In the mean time you should be documenting all of this - i.e. get names of the people you talk to from both the creditor and collection agency, keep the letters sent to you, etc. All of this would be helpful if the bar held a C&F hearing.

But there's nothing else TLSers can tell you that you don't already know. Sure, it's not good, but it's probably not damning to passing C&F. I'm assuming that your state bar will tell you the same, and they'll probably tell you to contact an attorney who is experienced in this field.

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leobowski
Posts: 511
Joined: Mon Mar 09, 2009 2:11 am

Re: Character & Fitness Question

Postby leobowski » Thu Sep 09, 2010 10:04 pm

You should probably do some reading on the FDCPA. You might have some options because of their screwy method of validation *not legal advice*. I'd explain it farther but law review is kicking my ass so good luck:

http://www.ftc.gov/bcp/edu/pubs/consume ... cre18.shtm

http://www.creditinfocenter.com/rebuild ... tion.shtml

amandak695
Posts: 1
Joined: Mon Sep 13, 2010 10:21 pm

Re: Character & Fitness Question

Postby amandak695 » Tue Sep 14, 2010 3:37 am

I like spam! That's why NR banned me.

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PDaddy
Posts: 2073
Joined: Sat Jan 16, 2010 4:40 am

Re: Character & Fitness Question

Postby PDaddy » Tue Sep 14, 2010 7:16 am

This shouldn't affect your admission to the bar. There are people with tens of thousands or even hundreds of thousands of dollars in debt who pass C & F. I'm not saying that the bar won't be interested in it. But you would have to commit fraud before they would care much. Bad credit can affect admission, but usually because the person has made no effort to pay back the debt.

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androstan
Posts: 2578
Joined: Mon Jul 19, 2010 8:07 am

Re: Character & Fitness Question

Postby androstan » Thu Jan 20, 2011 2:43 pm

How difficult is it to pass C&F? In how much detail do they examine you? Do they really go back to your law school application and check over all the details there?

I have a fistful of speeding tickets, mostly for going 15 or 20 over.

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gwuorbust
Posts: 2087
Joined: Tue Sep 22, 2009 11:37 pm

Re: Character & Fitness Question

Postby gwuorbust » Thu Jan 20, 2011 3:51 pm

nvr mind. just realized that this thread was dragged up from its grave. so much for leaving the undead alone.




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