Wow, Had all my ducks in a row when I showed up at the court house today. I'm suing a CA for state violations instaed of the FDCPA. My reason for this is that my state statutes contain the same laws as the FDCPA. I figure that in case I get a wise ass, or grumpy judge who doesn't want to deal with federal laws, he/she will have to address the state ones. The verbage is a little different, but in essence it says the same things. It also references that: "Nothing in this part shall be construed to limit or restrict the continued applicability of the federal Fair Debt Collection Practices Act to consumer collection practices in this state. This part is in addition to the requirements and regulations of the federal act. In the event of any inconsistency between any provision of this part and any provision of the federal act, the provision which is more protective of the consumer or debtor shall prevail. I like it! I have the CA on 4 counts but am suing for one. I can only receive punitive, court costs, and damages, but that's OK. I figure I'll get my filing fee, postal CRRRs, and 2 days loss wages to file. I'll negotiate 1/2 with the CA once they call me, which I'm sure they will. Deletion is my biggest concern. It's a debt of less than $200. Wish me luck and I'll let you know how it turns out! (The account is my significant others, so I guess I'm acting as her attorney....(good brownie points). She told me I'll get MY fee, when and if...he he he.
Good job. Are you suing in small claims or District/Superior court? You'll only be able to get punitives in the higher courts. Most small claims courts don't awared punies. Curious though; why didn't you sue either of the CRAs as well?
Kickman, Small claims court. Out of pocket expenses is all I'll get here in my state. I'll take my filing fee which is a lot here.I figure I can get loss of wages too. We have a great shot at deletion since the original creditor no long exists. I may go after the CRA if I'm succesful in this venture. I would have paid for deletion on this account but the rep my woman spoke with was a total a-hole. She told us that we needed to send them a letter requesting a bill. I said "yeah right". Like I'm dumb enough send you a letter (proof) asking how much I owe you, which would be conceding the debt. I did send them a letter. A dispute letter, 2 to be exact which they never replied to, but had the gumption to verify to the CRA, a copy of which is in my suit. I got these bastards good. TOTAL documentation from beginning to end included in my packet!
