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Attempted Collection AFTER Chapter 7 Discharge

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    #16

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      #17
      Even in one-party consent States (of which Georgia is one), you must be careful when the call is originated from another State. It gets murky as to jurisdiction.

      That's why, when talking to any creditor, just get it out early. My phone system at home prompts with "All Calls Are Monitored or Recorded for Service Quality". That gives the person in a two-party consent State, the chance to hang up.

      Aside from that... I absolutely loved the posting!
      Last edited by justbroke; 06-29-2009, 08:06 PM.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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        #18
        i just put that up because bell30656 tought they could record with out saying anything to people first

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          #19
          Thank you for proving my point, curtb07:

          However, the law expressly provides that it does not prohibit a person who is a party to a conversation from recording, and allows recording if one party to the conversation has given prior consent.
          In the state of Georgia it has been upheld that as long as ONE party has given prior consent, that party would be me, the call can be recorded. What is illegal in Georgia is recording a call that you are not a party to and you do not have consent from one person.

          You really should read it before you post it when trying to snipe.

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            #20
            I'm not sniping, only being pragmatic. I would caution anyone in one-party consent States when the caller or the called is in a different State (especially one with two-party consent requirements).
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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