[RPPTL LandTen] FDCPA LANGUAGE ON 3 DAY NOTICES

[Harry Heist]

Every once in a while a pro se person is sued by some attorney because they
did not provide the FDCPA language on the Three Day Notice.  Often it is a
shakedown and the pro se person fails to hire an attorney or pays a sum to
make the issue go away.

 

This has been going on for years.  

 

This is a very important issue as literally millions of Three Day Notices
are served each year by "agents" of owners and these attorneys try to define
them as "debt collectors".

 

Case law, FTC stuff etc all point to the fact that they are NOT debt
collectors if they are collecting a debt that accrued while they were
managing the property (as opposed to collecting debt, old rent,  that
accrued before they took on management as agents for the owner) 

 

Putting FDCPA wording on Florida Statutory Three Day Notices causes
confusion, delay and actual harm to the debtor and the creditor. It is an
extreme conflict.

 

I feel this is an extremely important topic that needs to be addressed and
not ignored by many of the people on this listserv because if some bad law
is made due to neglect or the fact that a pro se person tries to fight on
their own, this will hurt everyone. It just is a matter of time.

 

Please feel free to send me your thoughts privately or publicly on this
listserv.

 

Thanks.

 

Harry Heist  harry at evict.com

 

 

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428
FAX: 1 800 367 9038
"Serving the Property Management Professional"
Website:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com



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