I received a validation letter today that just irritates me. It consists of a bill of sale (neither my name nor the account number is listed on the sale) that refers to another piece of paper. That paper has a one line print out of my name and information with an account number and debt. This is their validation? They could have gotten that anywhere! They state since I had the account it must be my debt and that I have to prove the amount I think I owe and they do not have to prove anything. Am I still in America? I fully dispute this account and the debt - and I want to know where they came up with the info and amount. They refuse to provide any further info. I have sent numerous letters, complained to everyone and no one will stop this company. They are only bonded in my state and do not have an office here. Our state law gives the defendent the right to have the suit heard in their state/county. I can't believe how rude the letter was and how you could almost hear the arrogance!!!!!!! It is from an attorney for the CA. Any suggestions?????????? Please help the downhearted!
Federal Law supercedes state law. Section 813 of the FDPCA states you can sue in your juristiction or thiers. It is designed to protect cunsumers from getting sued in states thet aren't even related to the case, but it works in the other direction too. All you need to prove jurisdiction is proof the CA was in violation while you are at your current residence. Include the appropriate paragraphs in your complaint. As long as they are properly served you should be ok. there is the entire section. Second paragraph from the end applies here. Good Luck Check with a cunsermer Lawyer in your state to be sure. § 813. Civil liability [15 USC 1692k] (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of -- (1) any actual damage sustained by such person as a result of such failure; (2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or (B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and (3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs. (b) In determining the amount of liability in any action under subsection (a), the court shall consider, among other relevant factors -- (1) in any individual action under subsection (a)(2)(A), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or (2) in any class action under subsection (a)(2)(B), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector's noncompliance was intentional. (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. (d) An action to enforce any liability created by this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs. (e) No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Commission, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
Ooohh, thanks! I guess it's time for small claims court. I think I'll send the 'intent to sue' letter as I have gotten no where with this firm and their attitude is getting uglier by the letter. "Sigh..." Why can't they just follow the law from the start and make my life so much easier? (I really do not want to go to court, kind of scary. Oh well, got to do what a woman has got to do!)
If you can talk to legal aid. Make sure all you information is listed and coherent Check out whyspers site for an awesome example. Make sure your ducks are in a row and you will win.
