Update on small claims court today!

Discussion in 'Credit Talk' started by neosmatrix, Jul 18, 2002.

  1. neosmatrix

    neosmatrix Well-Known Member

    Okay everyone here it is.....

    Ill try to summerize as much as possible...

    This started in april/02 with account A on my credit report for 38.00. Validation sent-nothing received after the 30 days... Sent C&D 5 days later still nothing received from them....

    In May 02 received a collection from same company collection B for a medical collection for 120.56 in which i called and said yes this is mine ill pay it....

    Well i waited a few days before i paid account B 120.56 and in the mean time they sent me a notice to pay account A along with B.. Violation continued collection of account A without validation.... so i waited a few more days and a phone call.. Sir when are you paying Account B like we discussed i said next week she then asked what about account A for 38.00 i said you have not validated this account your violating FDCPA do not contact me about thes again...

    On june 16 02 my wife calls them to pay account B over the phone with our cc... She stated this payment if for account B for 120.56 only... the rep says when are you gonna pay account A for 38.00 my wife said validate. Please sent receipt rep hungs up..

    A week later we get receipt in mail and those yoyo's applied 38.00 to account A and the rest on account B and wtill showing me owing 38.00 on account B.. I called and said what up the rep said i can pay funds on any account as i see fit and hung up on me.. Wrong answer FDCPA violation Multiple Debts....

    So i trotted my butt down to small claims and filed that same day..

    Court day:

    I go in front of magestrate and of course the CA manager is there no quick judgement for me and he reads the complaint and says Mr. So and So proceed..

    I say your honer i dont know if your familiar with the FDCPA and he says I am familiar with it and in the back of my mind im saying all right...

    I explain everything that happened. And he asked several ? about how many times i was contacted about the disputed debt after they received my validation letter with some other ? nothing about venue of which i was releived....

    Magestrate says to CA explain your side.. She hand him a sample letter stated all this crap about i have 30 days to dispute yada yada yada... Judge asks if she has any proof that they sent me any notices in 98 for the 38.00 debt? well no your honor... judge asks why they havent validated debt yet and she says well we just received somthing from OC by fax about debt, judge says do you have it with you? CA no....

    Okay closing arguements then... i stated my opinions that CA's should not be allowed to get away with this kind of stuff and now they have a paid collection on my report for the unvalidated 38.00 debt.. Judge says i cant rule on that today and i said i know im gonna file another small claims suit against them for FCRA violations and he just smiled...

    The only thing the CA quoted was there employees are well versed in the FDCPA ,and pointed out to the judge that 15 USC 1692(c)(c) A debt collector may not be held liable in any action brought under this title if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.


    She stated it was a clerical error... The judge says when i studied at the Ohio State U my professor said that was a fly by night excuse and should have never been put into law but i will take it under advisement.. Judge says thank you both and says you will here from me on my decision via mail with in 4 weeks about judgement.... I really dont want to wait but he did that for all the cases before mine to and thats how small claims court is done here...

    I really think im gonna get the judgement but have to wait and see......

    Wait till they get my intent to sue on the new paid tradeline they just put on my report.. hehe....
     
  2. NanaC

    NanaC Well-Known Member

    Wow! It sounds like you did real well! I know it's hard to wait! I'm sure it will be a good result!
     
  3. rblues

    rblues Well-Known Member

    Good job! You really give the rest of us a lot of confidence to do what needs to be done and SUE!!!
     
  4. whyspers

    whyspers Well-Known Member

    Congratulations!!!!! :)




    L
     
  5. Touchdown

    Touchdown Well-Known Member

    Thanks for the update.

    What were you asking for? $1,000.00 for damages?
     
  6. charlieslex

    charlieslex Well-Known Member

    It sounds like you got em. Good job! What was the total amount of damages that you were asking for? Charlie
     
  7. betacredit

    betacredit Well-Known Member

    Good Job!!!

    Looks like the ca employees are real idiots and thought they could get away with it.

    I'm quite sure you will be successful, good going!
     
  8. neosmatrix

    neosmatrix Well-Known Member

    I sued for 2000.00 plus court costs.... 1,000 for multiple debts and 1,000 for validation violations...Hey even if judge only awards me half it just cost the CA 1,000 for a 150.00 worth of debt...
     
  9. keepmine

    keepmine Well-Known Member

    neosmatrix,

    Do small claims judges in your state have the authority to order deletions or, are they restricted to awarding only monetary damages?
     
  10. NanaC

    NanaC Well-Known Member

    Neo, did the judge ask anything about monetary damages? (As in proof of..) :)
     
  11. neosmatrix

    neosmatrix Well-Known Member

    small claims in my city can only award money... The judge stated he is familiar with the FDCPA and he did not ask me for any proof for monetary damages
     
  12. NanaC

    NanaC Well-Known Member

    Awesome, thanks, Neo
     
  13. keepmine

    keepmine Well-Known Member

    neo,

    If money is the only thing they can award, could you pop 'em again? Wait until you get the judges decision and then demand validation again and sue 'em again?
     
  14. QUEEN_BEE

    QUEEN_BEE Well-Known Member

    2 weeks and counting. BUMP
     
  15. EuraMoron

    EuraMoron Member

    double jeopardy. besides, after they lose, they'll be smart enough to close the account and remove it from the credit report. why would they pay damages on an account that is obviously not going to bring them any $$$. smart thing to do is close the account, remove from file and forget about it.
     
  16. whyspers

    whyspers Well-Known Member

    This is a criminal term.



    L
     
  17. Mrei

    Mrei Well-Known Member

    I almost wish you have it on tape..uh..that should be the next item add in the sample letter sec...
     

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