Arrow called at 3:45am

Discussion in 'Credit Talk' started by AMYB128, Dec 23, 2004.

  1. AMYB128

    AMYB128 Member

    How do I go about filing suit against them?? (I am sorry, but I am new...and nieve)
     
  2. pd11604

    pd11604 Well-Known Member

    You go to your local civil court / small claims part. The clerk there will tell you what you need to do.

    You will need to know th agent of service for the company you are suing. Your state's Secretary of State should have this information on file. This is incase the company you are suing is "DBA" (doing business as) another company or has multiple addresses etc. You need to know exactly who to sue.

    Your basis for action is violation of the FDCPA (15USC 1692c (a)(1)
    Call to your phone at WW time and XX date
    Call to your phone at YY time and ZZ date
    etc
    * each separate call is a separate violation * Have proof of the calls from the phone company showing calling number/called number/ date /time

    Your remedy sought is for statutory damages for each violation (FDCPA - 15USC 1692k (a)(2)(a)
    $1000 per violation
     

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