Re: details of my lawsuit today - l Kelly I am very muchhoping to have settlments like yours. The company Iam suine valdated my account with out adding dispute 5 times. Most board meembers tell me I can only sue for 1000 as all verified with out deletion falls under one violation . I do not thin so. we will see I am seeking 5000.00 dollars. Good job !
Re: details of my lawsuit today - l This is what Kelly said about multiple violations: "Good luck with suing for $4,000. I had them for not marking it as disputed 5 times during a period of 5 months and was only awarded $128. Apparently, they don't consider each month a new violation. It is all considered one violation and the maximum is any actual damages not to exceed $1,000."
Re: details of my lawsuit today - l Congratulations!!! That's a wonderful ending to all your hard work when you got paid some for the violations, did you also get filing fees too? (in addition) or is it 128 total
Re: details of my lawsuit today - l Congratulations!!!! I will probably be suing Burdines for the same reason. And you've provided some great and pertinent information. Thank you, for being so forthright with your case. You have helped others already.
Re: details of my lawsuit today - l "Good luck with suing for $4,000. I had them for not marking it as disputed 5 times during a period of 5 months and was only awarded $128. Apparently, they don't consider each month a new violation. It is all considered one violation and the maximum is any actual damages not to exceed $1,000 LKH ============= Unke like us when we deal with them, they sure get their moneys worth don't they?
Re: details of my lawsuit today - l I say go for the big bucks and see what happens. If you are prepared and get a "good judge" you may win the money along with the deletions!
Re: details of my lawsuit today - l It will be interesting as to what happens. I will certainly let everyone the out come of my suit.
Re: details of my lawsuit today - l Dear Kelly, Awesome job! I am slightly cornfused tho. I thought YOU were suing THEM. Is it appropriate for the judge to bring up their assertion that the debt is rightfully yours when they DID NOT file a formal counterclaim? You put THEM on trial. I thought at trial the fact that the debt may or may not be ligit was a moot point in the absence of a counterclaim by the defendant. Am I wrong? Butch, =================== One has nothing to do with the other . This is a tactic used to shaft the victim. If the judge buys it or is getting paid under the table the customer gets victimized again.
Re: details of my lawsuit today - l KHM, I'm with you you!! What does the fact of whether or not I may or may not have owed the debt when I was involved in an automobile accident and hit by a drunk driver and then was in therapy for almost a year because my neck was broken and my spinal cord was bruised, have to do with the fact that these YAHOOS are BLATANTLY breaking the law and are JERKS?! I swear, I think I'll run for JP next term. ) You can all come sue in "MY" court!!! Keller =========================== I can't believe some of these judges.They aren't enforcing the law or there is a pay off somewhere.
Re: details of my lawsuit today - l 1*It is entirely apprioate that the judge determine if you rightfully owe the debt. If the debt is yours, any damage award is going to be minimal because you are not the injured party. 2*They just remind the judge that they need to hear all of the evidence before making a decision and part of the evidence is who owes the money. Butch, keepmine ===================== 1*You're in court to see if the defendant broke the law not to determine if the plaintiff owes anyone money. 2*Just how does that determine if the defendant broke the law or not??
Actually, Discover is correct. The FDCPA does not apply to them. They are the orignial creditor. The FDCPA only applies to collection agencies.
I do believe there are some instances where the internal collections dept. of the original creditor can bring themselves under FDCPA jurisdiction.
Know whats funny? 3 of the accounts that were agreed to be removed around 5/14 (in writing) from all of my credit reports have just been verified as still mine by Equifax and Experian on 6/3/02!!!! Is it time to sue the CRA's or what?! Kelly
Kelly, I'm laughing away, I'm starting to feel embarassed that I'd ever given credit to any of them for active brain cells, and kept thinking I was the one missing something -- AMAZING, congratulations!!!! You definately deserve your $1,000 this time, no reducing to $100-something. Hmmmmm, I wonder if that falls under willful negligence and punitive damages as well. Sassy
Re: details of my lawsuit today - l Dear Kelly, Awesome job! I am slightly cornfused tho. I thought YOU were suing THEM. Is it appropriate for the judge to bring up their assertion that the debt is rightfully yours when they DID NOT file a formal counterclaim? You put THEM on trial. I thought at trial the fact that the debt may or may not be ligit was a moot point in the absence of a counterclaim by the defendant. Am I wrong? Butch, You're not wrong but if the lyiing Ca can convince an ignorant judge you loose .
Re: details of my lawsuit today - l Well, I was wrong about having success in 11 out of 11 cases. The 3 that were still verified recently somehow should soon be removed, as I've sent copies of the settlement letters to the CRA's. But there is STILL one a-hole company that won't settle! - Discover. They have just filed an appeal and are sending someone back out here for the new trial in 40 days! Now I'm even more prepared. Now I'll have the FTC opinion letter that I forgot last time when I still won! And I have a few other tricks up my sleave, but I won't reveal in case they are watching this board. I'm coming for you Discover and Gayle Creer, and I'm taking no prisoners. Maybe they'll offer me removal of the charge off in exchange for several 120+ lates again - LOL. What a joke. What are we doing here? Thats like offering me Ryan Leaf in exchange for dropping Rick Mirer. (Football fans should get that one.) Anyway, I'll take 10 out of 11 derogs removed any day and I think I'll also take that new Audi A4 I've been looking at. Kelly
