The only thing im worried about is venue.... I live in ohio and the CA is in ohio just different counties... I have all my paperwork and receipts in order and have read and re-read the FDCPA for which im suing on Validation and multiple debts violations.... Other than that is there anything else i should be aware of...
Remember to prepare your response and practice it. In case, they ask you outright, under oath "is this your account?" I read where this has happened before in court and they may do this to throw you off track.
if possible have other examples of people who have sued and one for the same violations. have copies of both laws and state law handy. print out BBB report on CA
I would say in response to that "That's why we are here. I tried to get the CA to validate, because I do not recall this account and the CA didn't properly validate per the FCRA and FDCPA. The CA broke Federal law not me!!" You'll do fine don't worry. GOOD LUCK!!! Post the winning results tomorrow!! Charlie
If they ask you if this is your account, Just state, I have no idea since they weren't able to validate it. Jurisdiction question, all you need to do is bring in the copy of the FCRA and FDCPA and right at the beginning it will have venue information that you can hand to the judge. As for the violations Use CASELAW and the FDCPA and FCRA laws, If you want to use opinion letters, it might work, but in my court, it didn't work well. Thats about all I can give you regarding the case since I have no idea what violations you have.
Did the court forward a copy of the CA's response? If so, work your basic theme around the answers they provided.
I would say "I don't think so but that HAS NOTHING TO DO WITH THIS CASE!!!! Spears V. Brennan Direct Quote; An FDCPA claim â??has nothing to do with whether the underlying debt is valid. An FDCPA claim concerns the method of collecting the debt. It does not arise out of the transaction creating the debt[.]â? Azar v. Hayter, 874 F. Supp. 1314, 1318 (N.D. Fla. 1995) (refusing to find waiver of FDCPA claim as compulsory counterclaim to state court action on the debt because claim â??does not arise out of the transaction creating the debt, and thus was not a compulsory counterclaim under state law in the action to collect the debt.â?), affirmed, 66 F.3d 342 (11th Cir. 1995), cert. denied, 516 U.S. 1048 (1996). The Act makes debt collectors liable for various â??abusive, deceptive, and unfair debt collection practicesâ? regardless of whether the debt is valid. McCartney v. First City Bank, 970 F.2d 45, 47 (5th Cir. 1992). Our analysis is further consistent with the well-settled principle that the FDCPA is a strict liability statute and that a consumer need not show intentional conduct by the debt collector to be entitled to damages. See Russell v. Equifax A.R.S., 74 F.3d 30, 33 (2nd Cir. 1996); Bentley v. Great Lakes Collection Bureau, 6 F.3d 60, 63 (2nd Cir. 1993) Good Luck Neo, keep us posted.
The validation on account A im not sure its mine its from 97 and have never received anything from CA i just learned about it from credit report... I asked for validation in 4/02 and have yet to hear from them. If its mine ill pay but not gonna pay without them validating..... The multiple debts violation is a slam dunk for the same CA... they even sent me the proof of what they did stupid CA thanks for the spears v brennen butch.. i think ill print that as well for the judge..
neo- I live in ohio also and a CA is ignoring my wife on a bill. We never have received a single letter or phone call yet they keep verifying. The CA is UCB(united collection bureau). What is yours and please let me know what happens. Tomorrow the 48 hour intent to sue letter goes out. I did call them last week to see if they got the validation letter and they said they received it june 29th. My fax was sent out june 19th and I have proof. They may have a hard time explaining why it took 10 days to acknowledge it but if it says they received it the 19th then dammit that is the date the 30 days started.
The CA (AllianceOne) has never called or tried to settle... I called the court yesterday and they said service was made.... So we will see what happens... I have had two collections with UCB... They never validated any of my accounts and never updated with CRA's as in dispute.. They are a bunch of dodo heads... Luckily the OC sent these to them in error and the Ca has only removed one of the entries... After this lawsuit with AllianceOne im gonna sue UCB for FDCPA and FCRA violations...
Ok neo. Today is the last day for UCB to validate. They have never put on the credit reports that the account is in dispute. I am calling tomorrow to speak to them to give em one last chance. I will pick up a record device tonight because they threatened when I called the first time to sue my wife which is illegal but I have no proof so I am gonna get proof. I will let you know how the UCB thing goes. on a funny note, NCO is doing everything right. They sent me a letter stating they would delete while in validation although it has not hit any credit report yet. They can put bad stuff on their fast but the good stuff is slow(how lame). I sent in the deletion letter to the CRAs but nothing has been taken off. Today is their last day also. I can hardly wait for tomorrow. Once those 2 items are off we can go for our mortgage.
if you sent UCB a validation and they received it already Dipsute with CRA and if if comes back verified without the consumer dispute notation you have them on another violation...
