I asked this on another post and haven't really gotten a definite answer - so I'll ask again. I am suing a CA for continued collection activity on five accounts. Do I count each account that they are continuing to collect on as one violation for a total of five - or is it just one violation for all five? Thanks.
Girlie- I think your best bet is to go for the 5 violations. Look at it this way: If you only go for 1 violation there is no way the judge will award you MORE than you ask for. BUT if you ask for $5k you will either get the $5K or get part of it. Make sense?
It does make sense. And that was my thinking. I just don't want to look like a ding-dong. I know these ass-holes are not gonna settle out of court. They are pretty ballsy. And let me make sure this is right - they are bound by some parts of the FCRA - right? In particular - section 623 regarding Responsibilities of furnishers of information to consumer reporting agencies? The b*tch at the CA wrote in her letter that I was mistaken - that they were only governed by the FDCPA - not the FCRA. I just got all my stuff out and re-read it. Can you believe that????????
girliegirl. If you don't think they will settle out of court, you need to be prepared for the possibility that they'll crossfile against you. In other words, sue you for the debt. Medical debt is pretty easy to prove. All they need is a hospital bill and a statement from either an admitting physcian or an attending physcian that they treated you for whatever on a particular day that corresponds to the bill and, you're sunk. If the ca's and the health care providers are local, that may be there course of action.
First of all, I never said the debts weren't mine - I even offered to pay them in full if they could just validate them. I have never, ever said that they weren't mine. I just asked for proof. (1) They refused to give it to me. They told me that I would have to go to the hospital and obtain that myself. (2) They have continued to update with TU after receiving my second certified letter to them asking for validation. I have proof that they updated AFTER they got my second dispute letter and failed to notate the accounts as being disputed. That is a violation of the FCRA. So can they do that? Can they counter sue me? I mean, I am suing them for willful noncompliance and outright violation of the FCRA by failing to notate the accounts as being disputed by me. The issue is not whether or not I owe these bills - is it?
Not only that - but if they can get copies of the bills to sue me - why can't they just send me copies of the bills in the first place???
girliegirl, I'm taking you literally when you said they wouldn't settle. If that's the case and, they decide to make a fight out it , the only way they will prevail is to try and place the debt on your doorstep. Don't expect them to just roll over. They can sure make your responsibility an issue. If nothing else, it goes to the issue of damages. The judge will adjudicate damages and they can sure point out that had you paid the bill the debt wouldn't be in collections and you bear some responsibility. I'm not trying to discourage you but, if you really think they'll show up in court, you have to believe they'll defend vigorously. Or, if the crossfile they'll prosecute the case as hard as they can. If they show up, it won't be just to make a token appearence.
keepmine - I do appreciate your input - I want to be aware of every worst case scenario, because I need to be prepared. However, my whole argument is that I am not so sure I really owe these bills. (I worked at this hospital for seven years and had payroll deduction to pay my old bills - and these bills are from the same time period - so I just want proof - and they are unwilling to provide it. They think I should either go collect the info myself or just take their word for it.) I think I read somewhere that a collection agency cannot sue you - that it has to be the original creditor, which in this case, would be the hospital. And if the hospital can send me copies of the bills and prove to me that they are still owed, then I will gladly pay. My issue is not with the hospital, but it is with this collection agency. To make a long story short, I sent my second dispute giving them 10 days to either validate or delete, and they updated my TU report AFTER they received this letter on Saturday and did notate the accounts as being in dispute - they just updated it to verified June 2002. That is why I am suing them. At this point, I could care less if the hospital sent me copies of all the bills and said that I do owe them. The CA still violated the FCRA. That is the issue.
that's it in a nutshell. even if they show up and or file a claim against you... they are still responsible for violating the law. instead of being intimidated, you should let them know that you will be seeking full damages and no settlement once you go to court. the whole point is to put them on the defensive...
It sounds like you do have them on violations. But, as Keepmine stated, if you sue them, you should be prepared to be countersued. And, a ca absolutely can sue you.
All they need is a hospital bill and a statement from either an admitting physician or an attending physician that they treated you for whatever on a particular day that corresponds to the bill and, you're sunk keepmine ====================== Unless it's a bogus bill or you paid it.
Not only that - but if they can get copies of the bills to sue me - why can't they just send me copies of the bills in the first place??? girliegirl =============== Cause they are a member of the donkey family.
Toooooo funny, LB! Yes, they do belong to the species equinus jackass. However, they did have enough sense to delete everything after my estoppel letter. Just got the news in the mail a little while ago. Thanks for making me laugh. I needed that!
Not only that - but if they can get copies of the bills to sue me - why can't they just send me copies of the bills in the first place??? girliegirl =============== Cause they are a member of the donkey family. lb59 Toooooo funny, LB! Yes, they do belong to the species equinus jackass. However, they did have enough sense to delete everything after my estoppel letter. Just got the news in the mail a little while ago. Thanks for making me laugh. I needed that! girliegirl =================================== Great to hear the good news about the deletion. Glad you liked my little funny.
