Hubby is suing a paid CA. Here's the story: In 10/98 we moved, we both forgot to cancel the electricity (included where we are now). 12/98 the electric co. cancelled our account for non-payment of 11/98 and part of 12/99. Total was something like $100. We DID fill out the forward address form and never received anything from the electric co. Anyway, we didn't here anything from the CA that bought the debt either. Apparently they bought it 3/99, reported the same month. The first time I ever ordered his reports were 5/99, I saw it on there called the CA (me not hubby and at the time we weren't married), asked the exact payment amount and sent a check. Fast forward: Hubby gets dental work done in 12/00, our insurance didn't cover it, because he didn't get the prescreening something or other. Anyway, we never get a bill from the anesthesiologist, just the dentist, so I assumed the dentist bill and anesthesiologist bill were one in the same. Same CA as before buys the anesthesiologist bill, I order his CR's for the second time EVER in 8/01, see this account that was JUST placed that month for the anesthesiologist. I call the CA (now we are married) they give me all the info I make "pre authorized" debit payments to be posted to my checking on the 18th of every month. Paid off as of 11/18/01. I start reading the FDCPA and this is what I have come up with: 2 violations for speaking to me about hubbys debts 1 violation for not sending notice of deposit (which is required on post dated checks) FCRA violations: 6 violations for not marking each account as disputed on each CRA. The last part worries me. I never sent a validation request, but hubby has called disputing their actions. We filed suit in January, so we obviouslt dispute "their practices" but we never "officially" disputed the bill. We filed for $5K (max in our court) and they filed their response on day 30 so court here we come. Now hubby and I filed together and *I* know the in's and out's of the FDCPA, but hubby has NO CLUE, do you think the judge will allow me to talk? BTW My state is NOT consumer friendly.
KHM...relax...the worst that can happen is the case is dismissed. They won't bite you...lol. It is nerve wracking though. It looks like I will for sure be filing against a CA this week because they simply persist in ignoring my every attempt to communicate with them. Guess they will address this issue one way or another in Court. Good luck to you guys! Hope you get a nice fat award L
More questions: 1. Where is that part that says "CA must put within 5 days that account is in dispute"? 2. The FDCPA says you can file in any competent jurisdiction within ONE YEAR of when the violation occured, well looks like we lose on 1 count, it happened in 99. Hopefully the judge will hear us out seeing as this isn't a one time occurance, the CA is obviously negligent, you think?
KHM....I've recently read case law that supports the contention that each new report pulled begins a new SOL, so it is difficult to time bar erroneous reporting on a consumer report because each time you pull it, the statute of limitations changes. I think you will be okay on it...although its a gray area. L
