I just talked to the County clerk who says the only way I can file a lawsuit against RMA is to make sure I can serve them in Atlanta. She also said they cannot help m decide what papers to file. Can anyone here help. I have done a 30 day, 60 day and Notice to file with 5 day. I am through with their tactics. They also keep pulling a hard inquiry. I eel I have them on 3 violations. 1) ignoring my validation requests 2) not reporting the account in dispute 3) pulling hard unquiries after I alreadt sentthem a Validation letter. Anyone know what other violations they may have committed?
Call the sheriff's dept. in Atlanta and find out what they charge for service of a summons and complaint. After you have filed your summons and complaint, mail a time-stamped copy to the Sheriff's deptarment with a cover letter asking them to serve the defendant. You can enclose a post paid envelope for return of service...although some don't require that. As for what you need...depends on what court you are filing in. I don't know much about small claims, but there are a ton of people here who have filed successfully there. Good luck with it! L
I live in Atlanta and RMA is located here Headquarters Location Risk Management Alternatives, Inc. (RMA) 4450 River Green Parkway, Suite 200 Duluth, GA 30096 Telephone: (770) 232-2500 RMA North Augusta 802 East Martintown Road, Suite 201 North Augusta, SC 29841 Telephone: (803) 279-6490 Now all correspondance i've ever received and contact came from the n augusta,SC location, which is a rock throw from Augusta,GA . My faxes and phone conversations were done there. Duluth,GA is part of metro atlanta, so wonder why nothing of collections flowed thru that location? I know they do a lot of things at RMA and i'm guessing out of the othe various things the NorthAugusta location is the flagship for collections. That's just my guess. You also can get other info at their website. They are to big for their britches. http://www.rmainc.net/
My correspondence if out of the Baltimore location. ALthough they do have 2 locations close to me. One in Buffalo and 1 in Rochester. Hwever I need to know how I file a lawsuit. Anyone care to share? I am willing to do what ever legwork involved just not sure where to start and county clerk is not that helpful. I do have a PO box in the next county which I used toliv and they are more helpful - can I use them?
tina67, Have you looked at Whyspers' site? She pretty much explains everything point by point. www.proselitigant.net Here's some info. I'd like to share. "I" am trying to get RMA also, and through my own research so far this is what I have. Hope it helps. Call the FTC. File a complaint. Don't do it online. They told me those complaints take longer to get to and to process. Ask them to either email you a form for you to print, fill out and return, or ask them to fax you one. Even if they mail it to you, it only takes acouple of days to get there. I did this. Ask the FTC for the "LEGAL AID" number closest to you. They will ask you where you live and then give you the number to one in your area. I did this and I called them. I have to call back on Mondays between 9am - 11:45am to speak with someone. **I would (with Whyspers' permission), copy and print her case. Read and study it to familiarize yourself with procedures. Get a legal pad and write down ALL questions that you would like answered. When you "do" get to speak to someone from Legal Aid, you will sound organized and prepared. I can only imagine how frustrated an attorney gets with having to deal with our ignorances. We need not make them deal with our disorganization and unpreparedness, also. ) www.ftc.gov will help you. Also, familiarize yourself with the FCRA(Fair Credit Reporting ACT), FDCPA(Fair Debt Collections Practices ACT), and the FCBA(Fair Credit Billing Act). You can also look up Better Business Bureaus on this site. File a complaint with them as well. File with the one in the same area that RMA does business in. I used the address that they use to report with on my Credit Report. That's probably the one you will need to use since "that" is the address that the CRA's say "THEY" use to VERIFY. Mine was: Risk Management Alternatives 4450 River Green Parkway, Suite #200 Duluth, Georgia 30348 800-473-4835, 800-488-3213 FYI: Additional Names that they use are. . . Abbcus/RMA P.O. Box 105195 Atlanta, GA 30348 800-735-5444 ---------------- Credit Converters P.O. Box 105405 Atlanta, GA 30348 770-232-2500 However, I just got my FIRST "ILLEGAL" COLLECTION LETTER from RMA and the address for billing is: P.O. BOX 105610 ATLANTA, GA 30348 I think I will also send a validation letter to that address which will let them know that I got their ILLEGAL COLLECTION LETTER. **ADDITIONAL INFORMATION** ATLANTA ATTORNEY GENERAL'S OFFICE CONSUMER COMPLAINT DEPARTMENT OCA 2 MARTIN LUTHER KING DRIVE ATLANTA, GEORGIA 30334 ****SOME OTHER TIPS*** IT SOUNDS LIKE YOUR LOCAL COUNTY COURTHOUSE WASN'T VERY HELPFUL. TOO BAD. THEY AREN'T "ALL" LIKE THAT. CALL ANOTHER ONE. FROM WHAT I'VE READ, FILING IN 'SMALL CLAIMS' COURT IS THE EASIEST ROUTE. THEY HAVE A LIMIT ON WHAT YOU CAN GET AWARDED MONETARY WISE, BUT IF ALL YOU BASICALLY WANT TO DO IS GET IT OFF YOUR CREDIT REPORT, THEN THIS WOULD BE THE ROUTE TO TAKE. ASK YOUR COUNTY COURTHOUSE ABOUT THE PROPER PROCEDURES TO FOLLOW TO GET A COURT DATE. YOU SHOULD BE ASKED TO FILL OUT ONE OR TWO SIMPLE FORMS STATING YOUR COMPLAINT. YOU MAY WANT TO WRITE THAT YOU WISH TO HAVE THIS ITEM REMOVED FROM YOUR CREDIT FILE SINCE YOU HAVE TRIED TO VALIDATE WITH THE COLLECTION AGENCY AND THEY HAVE NO PROOF THAT IT IS YOUR ACCOUNT. AFTER YOU RECEIVE A COURT DATE, BE SURE AND PUT IT ON YOUR CALENDAR AND MAKE SURE THAT YOU ATTEND AT THE PROPER TIME, PLACE, AND DATE. BRING IN RECEIPTS FROM THE REGISTERED MAIL YOU USED FOR YOUR DISPUTES ALONG WITH YOUR PHONE BILL AND SUE THEM FOR YOUR EXPENSES AND EMOTIONAL STRESS. IF THEY DON'T HAVE PROOF THAT THE ACCOUNT IS YOURS, YOU'LL WIN! ALSO, IF THE COLLECTION AGENCY IS OUT OF STATE AND DOESN'T SHOW UP, YOU'LL WIN BY THEIR DEFAULT.** I have NOT done the procedures stated above, but it "does" make sense to me. I might also ask wolverine if this sounds right. I hope that I haven't confused you even more. Good luck and keep me posted on your progress since I am pursuing them, too
Well, I guess the first thing is do you want to file in small claims, state or federal court? If you are filing in small claims, I understand they have a small claims packet you just pick up and fill out the forms. If you want to file in state or federal court (also requires a civil cover sheet), you need to type up a summons and complaint (do a search for examples or email me if you are in upstate NY and I can send you some examples). You will need an original and three copies of the complaint and the original and two copies of the summons. Take these down to the clerk's office and file them and get your copies time-stamped. They will give you a filing receipt and a docket number. You then take a time-stamped copy of the summons and complaint and send them along with a cover letter to the sheriff's department where the defendant is located. "Enclosed please find a copy of a summons and complaint to be served upon the Defendant, so and so, located at 123 Any St., Anytown, NY 14614. Also enclosed please find my check in the sum of $55.00 (or however much) for your fees, along with a self-addressed stamped envelope for return of service". Mail that off and when you get back the return of service, file it with the clerk and then sit back and wait for them to Answer the complaint. Hope this helps! L
