So I disputed some collections on EQ and TU and two days later I DV'd the CAs. Firstly, I need someone to correct me if I am wrong, if they dont respond to my DV's they cant report or talk to TU or EQ? And if they do I can place a small claims court case? Cheers! Steve
If you're going to go to Small Claims Court, then you'll need to be familiar with the details of the FDCPA because that is the law you'll: a) claim they violated and that is why you are entitled to statutory and actual damages. b) need to prove (a) in front of a skeptical judge and possibly against opposing counsel. I can tell you that if they continue to report your account to the CRAs without providing validation is a violation of 15 U.S.C. 1692, but YOU will need to be able to do that AND present the necessary evidence to prove your case if you expect to win a civil case in any court. I don't mean to bust your chops, but filing a small claims case is as easy as filling out a form. Prosecuting it or intimidating the defendant enough to settle out of court may not me that simple.
Many people have found it is not wise to file these cases in small claims court. The judges don't understand the consumer laws and are not going to learn it for your case. As ccbob said, you will be up against an attorney. He will probably know the judge, and the judge will be inclined to agree with him.' Wait until you have sufficient cause of action and then file in federal.
First, the CAs do not have to respond to your DV request if it was requested beyond the 30 days from receipt of the "1st Notice" from the collection agency. Second, your process was "backwards"; what is known as the "1-2 punch", is to request Debt Validation, and when proof of receipt of letter is received, (and allowing for some processing time by CA), THEN disputing with the CRAs to see if account is marked "in dispute". The collection agencies can still talk to the credit reporting agencies. Per the laws under the FDCPA (Fair Debt Collections Practices Act) is "continue collection activity" if you dispute the debt, and request validation, within 30 days of first notice of debt. Don't jump the gun here, you wouldn't have a case strong enough to take to court. P.S. did you send the validation request Certified Mail Return Receipt Requested?
