Using Lawyers to Sue CAs

Discussion in 'Credit Talk' started by cibomatto, Jul 9, 2003.

  1. cibomatto

    cibomatto Well-Known Member

    Has anyone ever used lawyers to sue Collection Agencies?

    I know it can be done without assistance but it seems SOOO overwhelming....
     
  2. cibomatto

    cibomatto Well-Known Member

    To add above..
    I want to file a suit againt RMA for contacting me..

    A year ago I sent them a C&D because they failed to validate a debt and a few short weeks ago I got a phone call and a letter requesting payment..

    They also placed a hard inquiry...

    I know there are some violations with this and even though I could let this go they could decided to harrass me further and worse report a tradeline...
     
  3. Flyingifr

    Flyingifr Well-Known Member

    Sue in your local Small Claims Court.

    1: I have sued several of my creditors and every one so far has settled before it went to court

    2: Small Claims Court is very "Layman Friendly" and not only do you not need a lawyer there, in some jurisdictions you're not ALLOWED to have a lawyer there.

    3: With the stakes so small under FCRA and FDCPA, you will have a lot of problems getting a lawyer to take your case.

    4: If you have the basis for a Class Action, and if you find a lawyer to take your case, remember that Class Actions make headlines and make lawyers rich. They guy who got $crewed by the defendant usually also gets $crewed by the settlement.
     
  4. cibomatto

    cibomatto Well-Known Member

    Here is a response I got from a lawyer who deals with FCRA, FDCPA,, He is local to me and is somewhat reputable....


    I deal with both. RMA has violated the Federal Fair Debt Collection Practices Act (FDCPA) by continuing contact after your dispute and cease contact letter. It may have also violated the FCRA by accessing your credit report without a permissible purpose.

    If you want my help, write this ll up in a more detailed chronology and send that with a copy of your file/docs. You should also send a $162 check to cover your filing fee. The Court cost for a federal Complaint is $1500 plus $12 per defendant we serve. I will accept the case on contingency with my fee at the greater of 40% or attys fees awarded (paid by RMA).



    RMA wants $157 from me.. I don't even care how much I get I just want to stick it to them...
     

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