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[RPPTL LandTen] FDCPA LANGUAGE ON 3 DAY NOTICES

HH
Harry Heist
Wed, Mar 5, 2014 8:26 PM

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@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@evict.com harry@evict.com

https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870

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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@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@evict.com> harry@evict.com <https://www.facebook.com/pages/Heist-Weisse-Wolk-PA/343965575625870> Visit us on Facebook THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY. ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.