Does anyone have any caselaw on suing a CA? what are my chances for success if I sue in small claims court without caselaw? Can you sue in federal court for CA violations?
Marc, This is from Whysper's old site, not available anymore there, but it came up on a search. She has good cases to start with. http://www.proselitigant.net/wwwthreads/Wcd3cd90e33829.htm They aren't specific to California though, sorry. Sassy
Marc- What are the issues and which state are you in..I will try to find some cases for you in the next 1/2 hour.
i'm in CO. the account says "no status" but they refuse to verify. Plus, i think they reaged the account, but i have no proof.
What is no status exactly anyway? Does that mean no part of the tradeline is being considered for scoring? And, is no status the same as unrated? Sassy
Damn those CA's, anyhow, Marc. Makes you just want to lay down and give up and let them win, doesn't it? Well, don't do it. It doesn't matter if you have no proof, the judge will believe you over some slimeball CA any day. And refusing to verify is a blatant violation of the FDCRA and not only should they have to delete the tradeline, but as my momma used to say, they should be taken out back and shot with a pellet gun loaded with rotten tomatoes.
Marc- I am not too familiar with the (is it Rosenthal??) state laws in California.. A rule is that any case that could have been brought in Fed Ct can be removed to Fed Ct. So, if you were to bring an FDCPA suit in small claims or other state court, the other side has the right to remove it to Fed Ct. You can bring a suit that is based on Federal law in Federal Court, along with "ride along" state claims in your suit. ("Supplemental Jurisdiction" 28 USC Sect. 1367) Waitiing for the issues and I will see what I can do...yeah yeah..it's the holiday season.
at this point, i don't care! i have them at least on their non-validation, and i want to sue for at least $5,000! i am so pissed! it's the only negative on my reports!
it sounds like you're a lawyer? do you know any good lawyers, who would take this case? how much do you think i could win?
Marc, Did you dispute with the CRA's as well? I want you to have your 5k, Marc, think of the swaying and flicking that would buy! Sassy
What do you mean by "validated"? Are you saying that we can actually challenge what a CA says? I thought that they had to have all the papers and stuff before they could even call you. Why would a CA want to lie on your report? They are only trying to collect sonething you didn't pay. Radi8
CA's are not required to validate within 30 days. If validation is requested, the CA is required to cease all collection activity until they validate the debt. They have the option to never validate if they cease collection activity.
LOL Radi8, That reminds me of the song 50 ways to leave your lover, we could change it to 50 ways to leave your creditors ;-) Sassy
You don't need to be coy, Roy Just get yourself free Hop on the bus, Gus You don't need to discuss much Just drop off the key, Lee And get yourself free! How'd you know???? LOL Sassy
You send a 'validation demand' to a CA demanding that they 'validate' the debt. They must stop all collection activity until they properly validate the debt.
Oh NO, I could never do that. It would interfere with their ability to do their job. Those poor people have to take enough abuse, losing lawsuits and all. Radi8
