Continued Collection??

Did you memorialize the conversation? If not, do it. Is there any way you can record them at your workplace phone?

And you have the green card back, too?

Violations, violations....

 

(If you can, include time, date, location and reconstruct the conversation in a neutral "they said/I said" format.)

Prepare to record at home.

Sounds like these people are just itching to make you richer.

 

If you sent an ITS, then follow-through on it.

Gather the evidence of the violations, note the name, time, etc.

If you've never filed pro se, or you think you may be out-of-your-league going it alone, go to a FCRA & FDCPA attorney. Bring copies of the letters received & sent, the green card, and the conversations. [Actual transcripts or the memorialized conversations]

You have the violations. While there's no sure thing in litigation, and most civil cases are settled out of court, you would recover your lawyer's fees and costs, too.

In the meantime, keep recording or memorializing their conversations and let them keep piling up the violations.

 

What are you basing this claim on? What state statute demands that you *must* file in small claims court for FDCPA violations?

You've got documentation that shows just how seriously they take violating federal law and threats of ITS.

You're piling up evidence of violation, after violation, and it seems to be continuing in your situation. If you ignore it, it will continue.

ITS letters come into CA offices all the time, and the ones that get attention are those that have a Summons attached.

If you've never been into court, even small claims court, go now. The local District Court schedule is online, you can sit in the back, and you're able to observe just how CA lawyers operate in the courtroom.

If this is uncharted territory for you, don't be intimidated by it or by compiling the evidence.

 

It is possible it's not correct and it'd be worth your time to talk to a FCRA & FDCPA attorney in your area.

There's a time limit on these cases - if you snooze, you lose.

It never hurts to get your info, copies of the evidence, the time-line, and to talk to an attorney about your potential case.

Find out how your evidence stacks up with an attorney because you not only have these violations on the record - you will probably have more in the upcoming days.

 

Hi Ican, LTNS. : )

Follow Always.

He has you on exactly the right track.

In the meantime just relax. About how much is this for?

???

 

FCRA and FDCPA violations are FEDERAL questions and can be (and IMO should be) filed in a Federal District Court. If the CA is serious about defending, chances are, they'll remove the case to District anyway. Talk to an attorney or the US District Court Clerk in your area for clarification.

 

And they've violated several times, from what your posts say. Are they reporting to the CRAs? Just as Always said, if you're not sure, talk to a consumer atty with expertise in FDCPA and FCRA.

If they're also reporting to the CRAs erroneously, then you may have a relatively big case.

 

Here's what's happening;

It's weird. A debt began as a collection, years ago, and failing to collect the CA sold the "account" to a subsequent CA, which then tries to collect. Failing that THEY sell the account to another CA who then tries to coll .... and on and on.

You'll need to hang on here Ican. This'll take some effort, sorry to say.

I'll get back to ya.

: )

 

We're going to have to design an entirely new letter, in light of the FTC's new "Safeguards Rule".

Been dredding this.

lol

 

"It is only for about $750. It is an account that I know isn't mine. It has been sent to at least 4 CA's in the past 3 years and NONE have ever validated it. This CA is the only one that has kept calling and is now threatening to sue me for the debt."

And this might be the best situation to finally bury this zombie.

As you can see, the economic dilemma is that it may cost over $750 to deal with a debt that could be paid off at $750.

The problem is:
1) It is not your debt.
2) Paying a debt that is not yours leaves you with damaged credit just as if it was yours.

The value to resolve this once and for all is thus greater than $750. As a guess, let's estimate it might cost you another $1000 due to bad loan or insurance terms, far more in lost opportunity costs if you can't get a mortgage or get turned down for a job.

When a CA starts piling up FDCPA and FCRA violations, the possibilities shift:
1) You now might obtain damages
2) You might also obtain attorney's fees
3) Because of (1) and (2), you have more leverage to force an agreement.

The difference between your two main choices, sue, or pay, is thus the difference between $-1750 and possibly $+(several thousand). It starts becoming worth your time.

For the CA, the difference between their response to your action moves from $+750, but $0 if you don't pay, but no risk, to $-5K to $-10K paid to you and your attorney if you sue, and additional $ to their attorney.

If you want to deal with this once and for all, the time to do so is when you can show violations and damages, before SOL expires on your filing suit.

 

Yeah,

After some thought I'd say go get you an atty. Ican.

The guys are right. It's your best shot at killing this issue once and for all.

: )