Validation Lawsuit Opinion Needed

I am preparing to file in Small Claims for FCRA,FDCPA, and Texas Debt collection Act against a Texas CA. The CA was reporting two diferrent accounts as delinquent(medical bills).

I disputed 2 collection accounts in writing, 30 days later no response.

I sent estoppel and was sent a computer printout for one account 5 days after CA received estoppel.

Then I sent intent to sue, no response.

In the meantime one of the two negatives disappeared from the bureau's that were reporting the delinquincy.

Since I never received any written response to my request for validation of the now deleted 2nd account, do I use it as another count(failure to respond), or just ignore it. I am concerned that if I ignore, the judge may question the reference to the account in my dispute letters. If I use it I am concerned the creditor may reinsert it at some point.

Under The Texas Debt collection Act the CA or CRA has 30 days to respond in WRITING to a dispute.

Opinions of those familiar with filing suit???

 

Texas has more restrictive requirements than federal law, it requires written notice. What is your opinion of this:

§ 392.202. Correction of Third-Party Debt Collector's or Credit Bureau's Files

(a) An individual who disputes the accuracy of an item in a third-party debt collector's or credit bureau's file on the individual may notify in writing the third-party debt collector or credit bureau of the inaccuracy. The third-party debt collector or credit bureau shall provide forms for the notice and, when requested, assist an individual in preparing the notice.

(b) Not later than the 30th day after the date a notice of inaccuracy is received, the third-party debt collector or credit bureau shall send a written statement to the individual:

(1) denying the inaccuracy;

(2) admitting the inaccuracy; or

(3) stating that the third-party debt collector or credit bureau has not had sufficient time to complete an investigation of the inaccuracy.

 

Thanks for your opinion whyspers.

I have read many posts here on CN where a judge seems to interpret credit law in favor of the OC's, CA's and CRA's, even though you or I cleary see FCRA and FDCPA violations.

I am trying to combine Federal requirements and the more restrictive parts of the Texas State code, into a complaint that will be hard for the judge to rule on the side of the defendant.

Having a law that states clearly 30 days, versus having to present the combination of CA's responsibilty combined with the CRA's time limit of 30 days for completing disputes(as you have discussed so eloquently in your posts), should make it easy to present a clear violation of the statutes.

Also, when the CA is served and reads the complaint, it shouldn't be to hard to see that they have violated Texas and Federal Statutes, and the possibilty exists that they may loose, hopefully motivating them towards a settlement.