Tomorrow, I am filing a small claim action against a CA. Here is a list of the events. 1) 5/8/02 Sent Validation letter 2) 6/27/02 Sent Estopple letter 3) 7/8/02 Received letter from CA stating they had complied with FDCPA and the Colorado PDCPA. They state that due to patient privacy laws, they do not have access to the records. I did I did however receive their computer printout. 4) 7/8/02 Filed a complaint with the Colorado Collection Agency Board. 5) 7/8/02 Sent Intent to Sue. This CA never notified the CRA's that this account was in dispute, never notified me that they had received the request for validation and did not respond within 30 days with validation. The CA did however continue to update with the CRA's. Every month on my Equifax report there would be an additional Tradeline for the same account. This will be my first lawsuit and I would be thankful for any help. I need for some of the members to look over this and let me know what violations I have them on. Thank You for your time! tix
Sounds like you know what they did wrong and have the proof to back it up. The only error I saw was, the CA's aren't given a 30 day timeframe to respond to you. They are however not allowed to collect (or attempt to )on the debt until it's validated. Continuely reporting it to the CRA's is illegal. It's a bullying tactic.
What satutes can I use to back up my evidence? Is leaving the debt on the report considered trying to collect?
