I wrote in last week to explain my circumstance... I have a dirt-bag collection company that sent me a letter for a $16 collection which I do not owe. I sent them a validation letter right away and received the green card back from the certified letter. They never responded but then reported to EXP. (I suspect the other CRA's will follow). I know this is a FCRA violation, so I want to put some pink paper (sue) on their desk. Where/how/what should I file? Thanks.
If I have proper grounds, I want to proceed directly to a law suit. They have several other collections placed on my CR that they REFUSE to remove. This may be the leverage I need to remove them all. How/where do I file? Thanks.
Begin by determining the proper jurisdiction and venue (state court or federal court?). Then, based on your first answer, identify the appropriate violations (will you sue under the FCRA, FCDPA or your own state's act?) You'll have to show actual damages once you prove that they are liable to you for their violations. Once you've established jurisdiction, venue, liability and damages, you'll need to get the appropriate complaint. If it's small claims, many states have websites that can link you to the appropriate forms. Make sure your local small claims court will accept them. Next, determine who you're going to sue. If it's the CRA, you should have no problem locating their registered agent and address. Go to your secretary of state's website and get that info. That's where you'll have to have them served. If you're going to sue the CA, make sure they're doing business in your state. If not, small claims might not take your case. Have the complaint served on them personally. Some small claims courts offer service by certified mail, but it's never a guarantee of service. Once that's done, you're on your way.
Re: Re: CA Willfull Neglect & Violations You'll have to show actual damages once you prove that they are liable to you for their violations. kickman =================== You do not have to have actual damages to sue a CA for FDCPA violations. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
