How do i sue a collection agency?

Discussion in 'Credit Talk' started by joer, Feb 27, 2002.

  1. joer

    joer Well-Known Member

    I sent a ca a 30 day validation letter with no response a 60 day letter with no response,now do i have enough evidence to sue them?If i do do i sue them in my county court or where they are located.Another question whats a e-stpopel letter?
     
  2. Smitty

    Smitty Well-Known Member

    Joer,

    You may be jumping the gun here. Have you disputed this with the CRA's? I'm no expert on the FDCPA (yet)... but I did find this:

    FDCPA Section 809. Validation of debts [15 USC 1692g]

    (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

    Judging by this, it sounds like the CA has "ceased collection of the original debt" so there's no need to sue (yet). If its showing on your credit reports, dispute it. It may get removed. Good luck.

    Smitty
    I'm so unlucky that if I fell into a barrel of nipples, I'd probably come out sucking my thumb!
     
  3. joer

    joer Well-Known Member

    Smitty,Thanks for the advice
     
  4. longhair

    longhair Active Member

    Does anyone have (Or where is?) a good VALIDATION LETTER that you would send to a CA in this case?
     
  5. KHM

    KHM Well-Known Member

    Joer-
    has the CA marked it on your CR's "disputed by consumer" (or something like that?) If not its an FCRA violation, I believe it would be 3 violations 1 for each CRA. Are they still sending collection notices and/or calling you? If so thats a violation.
     

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