Well, it's been a long time coming, but today a CA with whom I have 2 paid collections has been officially served by the sheriff. (I am taking great delight in the mental picture of the company president being handed the summons by the sheriff and the ensuing office commotion......muhahahaha!) To refresh everyone's memory, I am suing for the following reasons under the FDCPA and FCRA: failure to validate; failure to mark the accounts in dispute; verifying with CRA despite my dispute request; negligent enablement of identity fraud. If you read my previous post, this is the CRA who threatened a counterclaim for abuse of process in response to my intent to sue letter. I will keep everyone up to date of all communications with them up until the trial date of September 25th. Wish me luck!!
Comgrats! I have done the "they've been served" dance a few times my self. Did you find a specific section for the enabling of identity fraud? All of mine started out due to fraud so I would like to add that in while I'm smooshing their face in some humble pie. Thanks. Do the happy dance!
My CA(yes they are mine all mine) was served August 15th but they have not bothered to call yet to make a deal. They are only 3 hours away so they will probably take their chance. On sept 21 I have a mandatory mediation session and then if nothing is settled they get to come back to court again. I hope they enjoy their travel time considering it is on a saturday.
Well, they ALL called me exactly a week before the court date in an attempt to settle. I tried with Providian(Monday, baby!) 2 about 2 weeks ago, but it was hard as hell to get in touch with their appointed liaison. Then she tried to play games with me. Tell it to the judge, baby. I don't know about NCO yet. My court date for IC System, Genesis(round 2 for those 2 CAs) and NCO is September 6, so I expect to hear from them next Friday, August 30.
