Collection call @ 5:57 AM!! - DP DOUBLE POST... Ignore this one! My car was repo'ed about 2 months ago, and the collection agency is in California (PST). I am in Washington (PST). They called me at 5:57 AM! I didn't answer the phone, but he left a message saying who he was and the number to call him back. He is also on my caller ID. Both have the time on them. Now, what do I do? Small claims court? How would I prove that the call came in at that time? Tape recorder and digital pic of the caller ID? Would it be to my benefit to sue them? I can already win the repo lawsuit, as they broke quite a few laws there! $1000 per incident, correct? Should I sue now, or wait until he calls again at almost 6 in the morning!? Thanks! BTW: I was PISSED!!
If your telling the truth about the call at 5:57 am this is a no brainer for you,, call your local phone company and request an "AMA" report for your phone number for the 2 hours before the call and the 2 hours after the call.. it s a report that shows anybody who called your residence whether the call was completed or not. as long as they picked up the reciever and dialed your number it will be on the report.. while your at it. you can subpoena the "AMA report" from the number that called you, if its on your caller ID, they will have to give it to you if you file a law suit. and lawyer would be licking his chops to take this open and shut case. i would let them call a few more times and make a few more bucks. you got an easy G note coming at least.
the fdcpa allows for $1000 total. this is for 1 or 100 violations. Of course there are ways to get around this but that is up to you to find out as I do not know your situation. The fcra allows up to $1000 per violation.
It was Asset Acceptance that called. I am working on getting the log from Sprint. I hope it is an easy case, then I can just pay them their $200 and keep the other $800... Now to find a lawyer.
Heh you got one of the top 3 scumbag agencies(or maybe top 4). I include camco, whitewing, asset, and calvary as the worst of the worst although we all have our own opinion. Good luck as this sounds like a slam dunk.
