I got a response from my estoppel letter, but they can't come up with verification of the debt. I don't just want a deletion, though. I want to go to court (or get an out-of-court settlement). They have at least 7 violations that I can see. Has anyone ever asked for a relatively big amount against a CA? I want to ask for five figures and see what they do. They are in a different state from me now. Do I sue them in my state or the one where the debt was incurred (the state they are in)?
You would file in your local. The thing about suing someone for a lot of money, you give them an incentive to defend. They may well start digging and come up with whatever documents would constitute proof. Also, to get large damages you'll have to show the judge how you were damaged by that amount.
So then my defense of "I just hate those guys" will probably not fly? I guess realistically I'll just file for $1000 per offense and deletion? Thanks!
I was going to give them the 15 days as stated in my estoppel letter. They said they "have requested the documentation you asked us for." Presumably they mean from the original creditor, but who knows. They said they will delete "in the event that they cannot find the documentation." They didn't admit outright that they can't find it.
Actually if they can't prove your Debt when you ask for verification and they miraculously show up to court with it, You can say, I asked over and over for it before and they wouldn't show me then why now? And sue the living crap out of them
Keep in mind, there is something called the National Association of Debt Collectors or something like that. If the CA is a member, this organization will help pay the costs of defending lawsuits such as these. It is naturally in their interests to see that these types of lawsuits don't get very far, IYKWIM. If you are asking for more than it would cost them to go to court...you can bet they will be going to court. They have nothing to lose at that point. If you are going to sue, I would suggest doing it *before* they delete if you already have a paper trail and have given them a "reasonable" amount of time to produce validation documents. If you file after, a judge might say they have already cured, so why are you suing them and perhaps your case won't be as strong. I'm not an attorney...these are just some thoughts on the matter. L
Kiyi, If they come up with proof at any time, the judge will let them make their case. They'll argue they went through a large number of documents and made a good faith effort to find them. They'll argue they had no incentive not to turn the evidence over since it would help their case. I'd imagine the judge would then give them the opportunity to present their case and make a ruling based on all of the evidence presented.
Right. I actually want to settle out of court, I think. Do you really think they would send a rep to my state just over a few thousand dollars?
You are walking a very fine line. I have initiated several law suits against CA's and all have agreed to delete with the exception of 1 which I had to take to court and sue. Luckily I won out on that one. My advice to you is if you are set on winning money as your primary concern then you had better have EVERYTHING TOGETHER, know what you are talking about, since most judges don't have a clue, be very well spoken in court and know your case. You can bet they will bring a lawyer who is well versed in their intrests. If you bring a shoddy case they can counter sue for legal fees and such. Not knowing even where to file your lawsuit leads me to believe you haven't been doing your homework on this case as you would know this. My major intrest in the very begining was to repair my credit. I was not conerned with money although it was very tempting with all the violations you can uncover. My major thing was getting a deletion and that was that. If they refused to delete and I had a case and violations I would then sue to get the violation and minmal damages. As for damages you will have to prove every cent, not just "I was the victim of these idiots now give me some money judge!". My advice is to settle for a deletion in writing from them. I always mentioned that If I had to file the actual suit then I would settle out of court for no less then a deletion and $1000.00. You will find most CA's will be happy to delete at this point. Going to court is always risky for you and them! Tac
Moneyhoney, $8700 is a lot of money. Where are you in relation to the SOL? It doesn't cost a lot for a ca to file a lawsuit. They have correspondent relationships with lawyers all over the country. A friend of mine is a lawyer and handles medical collections. He claims he can get anyone in the country sued for $350 plus, filing fees. As he put, you're not asking a lawyer to argue Roe v Wade before the Supreme Court. It's just a simple breach of contract. Either youcan prove it or you can't. Either way it's over in 20 minutes.
But it is STILL against FCRA if they didn't show them during the verification process as stated by Federal Law. Shouldn't that stand up in court also?
sol is 4 years off. They're asking for $8700. It doesn't mean I owe that much. They can't even prove the initial $6K+ I hate to think this way, because then the little guy continues to stay down. They've broken at least 7 laws (that I know of). It's not okay with me. All I'm asking is that total strangers who say I owe them money show me proof of that.
Kiyi, As a previous poster stated, you have to prove damages. It's just been my experience from being in the collection end of things, that once a judge decides you do owe this debt, it's going to be almighty hard to convince him/her that you are the damaged party.
Here is the issue though, I don't lay down and die, I don't owe any money to the one person, I have proof its paid. He is a greedy snake. He also, by law has to show me I owe the money via, Debt Validation process with Total Verification. IF not, then the case is closed. If I don't owe the debt, How can a judge rule in favor of the alleged creditor that showed no proof before the trial, yet at the trial they mysteriously have proof, sorry I don't buy that and neither should the judge.
Kiyi,. . . PLAYING DEVIL'S ADVOCATE AGAIN. You are suing them for violating your Civil Rights and NOT the fact of whether or not you owe the debt. Remember, you don't recall owing the debt and THAT'S why you asked for validation to begin with. I have mentioned this before, too. Just becasue you may or may not owe a debt, does NOT give them the right to break the laws of this land! On the other hand. I am still having a hard time myself with the issue of damages. I have spent the better part of the last 3 to 4 months trying to get these "YAHOOS" to put up or shut up (and delete)!! Just because they delete at the last minute doesn't nullify the fact that they have wasted my precious and valuable time. How can one put a price on THAT? Are we allowed to PUT A PRICE ON IT AND CALL IT "ACTUAL" DAMAGES? IF NOT. . .NOT FAIR!! Keller )
Actually damages included losing two chances for getting mortgages, got letters from them saying that account was at fault. And, have proof of cancelled checks...Here is a humdinger, the CA in charge of the debt states it added the account on 3/01 yet I have my 4/01 TU Credit report with nothing on it. Don't you think that is weird? Or can they change the dates to anything they want?
I'm a freelancer and depend on my aquaintences/friends/neighbors to refer me for work. When a collection agency starts calling people I know, as they did with the former neighbors, it hurts my reputation. Who wants to do business with someone who can't handle their personal finances?
