Am I the only one who has CAs that have perfect recordkeepings and who laugh at my feeble attempts to send validation letters? I am getting NOWHERE. Now, granted I did the unthinkable and paid several collections off three years ago - they still show and aren't due to come off until 2002, 2005. I guess I will have to bite the bullet on these. But I have two accounts I am working on right now and they are basically saying, "What are you smoking?!" One is for 25.00 through Gulf States. I faxed an agreement to them to agree to pay the "alleged debt" in return for a request to delete the account, which they said they would return signed. Haven't seen it yet, but it's only been a day. Actually, they have been the only nice ones in this ordeal. And I pay my bills. I verified I did owe that amount from a phone bill that was closed a little over a two years through ATT - I had thought I was completely paid up, but apparently there was a residual. I am not going to dispute it, but I do want it off my report. What if the 30 days that they claimed to have contacted you in are from two years ago? For instance, the Gulf States one shows as being reported via on the report 10/2001. How can ask to have them validate that? The other item I am fighting, but it's taking awhile. And how in the world can you take people to small claims court if they are 5 states over? My small claims court FAQ here in Oregon states specifically that you HAVE to file in the jurisdiction that the defendant lives. Now, if I have a collection agency that is billing me for x amount of dollars and has a residence in Oklahoma, and I am Oregon, how am I supposed to file against them if they have no affiliate in Oregon? Do I file against the creditor? They aren't the ones that placed the information in my credit report. Or do I file only against the CRA for incorrect information? What if THEY don't have an affiliate where I am? Where are you people filing lawsuits?? Argh! Help! Maybe I haven't read enough, but I swear I have been all over all the sites and they don't address these specific issues. Kirby whose credit is worse (supposedly) than 93% of the rest of the nation. Experian Score 567 How can you tell the scores inEquifax? They don't send you this - just the report. I feel like such a newbie.
when did you 1St. start reading the board? I doubt if it has been long enough to have read a drop in the bucket of the post on here.
Not asking for validation in the first 30 days does not preclude you from asking for validation now - if they are reporting (or have reported) it they need to have proper validation. Try disputing these through the CRA - the original creditors may have purged the accounts from their records so they can't (or won't) verify.
1* No you haven't/ As you can see I have been here since 2/2001 and posted over 3000 times.Have you read all of my post? 2*I don't think you can read every post on the board in only eight days. 3* I have discussed many of these issues & am sure many many of the hundreds of other members have done so also. I don't think I could cover every thing on here in 30 days working 24/7. Welcome to this board Just hang in take part and be amazed at how much you learn.
I have been reading since March 4. I am a VERY fast reader, plus I am in IT research. I have not only been reading these posts but also posts at http://www.creditinfocenter.com/discus/ http://www.cardreport.com/wwwboard/wwwboard.html I have also been lurking at legal boards and have done tons of searches at all the legal sites. Nobody talks about filing lawsuits outside jurisdiction so where do you file against out of state collectors? I think that's a pretty simple question. Everything I have read states you HAVE to file in the county that has jurisdiction over the defendant. So I am not going to start threatening an out of state CA when he will look at that, smirk, and say, yeah, fight me 5 states away...
They have to sue you in the state where you live.However if you sue them you can sue in your local county court. Have you read the FDCPA & the FCRA.It tells in them where you can sue: Do a search on Lizzardking.He has much experience with this.
Well, I went and read the FDCPA which now raises more negatives than it reinforced positives. For instance, I cannot state that the CA needs to report the instance as disputed to the CRA as I was intending to because of: 2. Post-report dispute. When a debt collector learns of a dispute after reporting the debt to a credit bureau, the dispute need not also be reported. Although I do think I see where this comes into play: This must be where you can state: Show me the contract *I* signed where it says a third party can collect. It seems pretty broad though. Is this what people are talking about when they are discussing validation letters? Section 808(1) prohibits collecting any amount unless the amount is expressly authorized by the agreement creating the debt or is permitted by law. 1. Kinds of amounts covered. For purposes of this section, "amount" includes not only the debt, but also any incidental charges, such as collection [53 Fed. Reg. 50108] charges, interest, service charges, late fees, and bad check handling charges. There however, is nothing in the FDCPA about bringing suit against an out of state CA outside the jurisdiction of the plaintiff.
Section 813 FDCPA (d) an action to enforce any liablity created by this title may be brought in any appropiate United States district court without regard to the amount in contoversey, or in other court of competent jurisdiction within one year from the date on which the violation occurs.
I've been reading this board for 3 months, 4, 5 and 6 hours a day. I too read fast and am educated...go buy an extra ream of paper and printer ribbon... enter lizardking and validation marie and validation psychdoc and validation validation all in the search engine, and it's GREAT stuff.
Straight Talk (http://consumers.creditnet.com/straighttalk/board/index.php) - (http://consumers.creditnet.com/straighttalk/board/forumdisplay.php?forumid=3) -- (http://consumers.creditnet.com/straighttalk/board/showthread.php?threadid=19864) I hope that shows up as a link for you, if not enter "I can't do no more" in the search engine. Another great thread to follow is by Christi, from her beginning to giving up to success! It's very motivational.
ok, posted as 3 links, LOL, I'm figuring the link thing out the hard way, click on the 3rd link with the post number at the end.
Kirby: You seem to be experiencing a case of "paralysis by analysis". First, you can definately sue a collection agency or credit reporting agency at your local small claims court. Second: do not ever ever ever talk to collection agency personnel over the phone no matter how nice they seem. They are not ever working in your best interest and you only end up boxing yourself in by making admissions that you should not be making. Third: Since you have recieved no responses to your validation letters I suggest you take your green cards and copies of your letters and either file suit in small claims court or dispute with the cra's using your documentation as proof of their inability to verify the debts. Just my perspective, hope it helps.
It's hard to get through one days post in a day. So how can anyone cover thousand and thousands of of post that took hundreds and hundreds of members years to post in just the first eight days of March-2002? Can't be done. Kirby hasn't seen anything yet:
I appreciate your help. I have been to small claims before and it is not fun when you are reprimanded by the judge for not having your act together after you have spent quite some time actually getting as much evidence in your favor as you can and the plaintiff lays you low with one or two sentences with LAW behind it. So I guess what I am looking for are people that have ACTUALLY filed in court, civil or small claims, against out of state collectors and what their experiences have been. In Oregon it appears that an out of state collector does not have to have an agent. I will most definitely read more and then post again.
Kirby: Several people on this board have ACTUALLY sued in both civil and small claims court (including myself except mine was against a store not a creditor or collection agency) and were successful. In my case the other party did not show up which resulted in a default judgement in my favor. However, I have also witnessed small claims cases and they are usually very informal affairs. All that seems to be needed is a clear understanding of the law supporting your claim and documentation to back up your case. Just my experience....Don't know if it will help.
Kirby, I did a search on the Oregon Secretary of State website at the Search the Business Registry Database . Experian does have a registered agent in Oregon: C T CORPORATION SYSTEM Equifax Agent: CORPORATION SERVICE COMPANY TransUnion Agent: CENTRAL DELAWARE CORPORATE SERVICES LLC All in Oregon, so you can sue through the Registered Agent. Check out the CA's your dealing with in the database. They might have a Registered agent too.
If you serve them through the Secretary of State, they will mail process if accepted on behalf of the entity to EXPERIAN INFORMATION SOLUTIONS, INC. 505 CITY PARKWAY WEST ORANGE, CALIFORNIA 92868 I believe you can also call the Sheriff's Department in that county and ask what their fee is to provide service. Be sure to save a phone call and ask what their mailing address is at the same time...lol. The fee generally ranges from $10 all the way up to over $100. (Pennsylvania is ridiculously high on EVERYTHING). We regularly serve summons this way and that's what I intend to do. Will know more on Tuesday L
Thanks you guys!! I realize there is a lot of information out there. I also realize this may be a long process. I want to do things the correct and right way. I know one thing - I don't want to start down a road and do things the WRONG way and have to extricate myself painfully with the help of an attorney because I goofed up. So better safe than sorry!! I am sending off (sigh) a second validation letter to a company that scoffed at me asking them for what is proper and necessary. We will see. Will write back on Monday. Everyone enjoy the weekend@!
