OK, i have been receiving phone calls on my cell phone for the last 3 months or so from someone at "Executive Fianancial". They are looking for someone I never heard of. I have requested again and again that they remove my number from their lists as they have the wrong number. EVERY conversation where they call me ends in them hanging up on me. I've called back EVERY time and conveniently no one can find my number in their system. This is obviously a small time JDB as I've been told the owner is only there sporadically. I have informed them multiple times that they are violating the FDCPA as they have no reasonable expectation to find this person calling my number. Since the first call, durng which I informed them they had the wrong number, they have called 4 times (one went to voice mail, the others I answered). Incidentally, if it matters, they are in Michigan, I am in TX, and my cell number is a VA number. If not for the fact that there manner was so rude, I might be willing to let this slide a little longer, but since they're such a$$hole$ and yell the instant I let them know they are harassing me at a number they KNOW to be incorrect, and then they hang up like a whining 3 year old, I'm ready to sue. From my reading of the FDCPA, when it comes to contacting third parties, a CA is only allowed to call until they have reliably been informed that the debtor cannot be reached at said number. So I'm ready to sue for $4,000 and counting. Where do I begin? Can I sue in TX since that's where I live and where they called me every time? The idiot I spoke with today tried being all smug that he knew I wasn't going to come to Michigan to file. I know I don't have to, but would I have to go to VA, since that is the area code of the number? BTW, does anyone have any contact info for Executive Financial in Michigan? That's a tough google search to get any decent info on. The call back number they've given me is 800-223-2269 and the number that shows on my caller ID is 810-733-1213.
FYI, just got the contact info searching for the 810 number from my caller ID, so I don't need that anymore...
I'd say your best bet is to sue in federal court rather than in state court. You have a lot better chance of winning in federal court than you do in state courts. The only real problems are the little points that federal court will require you to know and those are available in the federal rules of civil procedure as will as federal rules of evidence. On top of that the local federal district courts will have their own set of rules too. You just need to study them all until you know them pretty well and don't miss any tricks if you can help it. The courts generally tend to be a bit more lenient with pro se litigants than they are with attorneys but still expect you to at least follow the rules. Be sure that you can back up everything you say with rules or statute or case law or something solid.
Look at FCC regulations also You should also look beyond the "credit" issues (FDCPA/FCRA) to regulations of the FCC. Your case sounds like more of a violation of communication regulaions as well (harrassment via phone signals/lines) after repeatedly making them aware of incorrect number. A simple call to your phone company may give additional insight into FCC violations as well.
