I filed in Small Claims Court against one of my creditors. Unfortunately they were not properly served, and I requested that the court reissue the summons, although they were not served properly, they did receive my petition. According to the court's Clerk the green card came back unsigned. Now I noticed that they have disabled my online access to my account, and they have not called me at all. They usually call both of my numbers 5-6 times per day. What do you think this means? Any ideas, any suggestions. Thanks
I haven't a clue to answer your question with but I'd like to ask what your cause of action was. if your cause of action was due to an FDCPA violation then I would advise you to go dismiss your case as fast as you can. You cannot sue an original creditor under FDCPA. If you did file on an FDCPA violation you can end up paying them for their attorney fees and then having to hope they don't come back with demand for sanctions or even filing a lawsuit against you for filing a frivolous lawsuit against them.
Even if they did violate the FDCPA. I have documented proof including a letter they wrote to the BBB indicating they would not continue to call my work and cell phone number.
No one is disputing your facts, just the law under which you are filing charges. If it is the original creditor and not a 3rd party debt collector, the FDCPA does not apply so they can't be guilty of violating it. You'll probably have to find some other statute, e.g. Telecommunications, electronic "cyber stalking," harassment, invasion of privacy, etc. It's not that you can't make a case, just that you can't make an FDCPA case against the original creditor.
Okay, now I get it. I have over 1 year of documented phone calls that show a pattern of harassing calls. I indicated that they were harassing in each entry of that document. Each entry is documented based on the date it occurred. Do you think I should go forward or dismiss. Do you think they disabled my online access to punish me and because they intend to take some action against me. They have also stopped calling, which for this company is huge. All of the consumer complaints I have read basically say the same thing. They call excessively.
Quite frankly I would dismiss unless you can find a federal statute that says original creditors can't harass you. If such a federal statute exists I am unaware of it. Take it to small claims and the judge will most likely dismiss your case with prejudice and rule that it is your fault because you didn't pay when due. The judge certainly won't care why you didn't pay, only that you didn't pay. I would recommend that you simply dismiss and forget about it.
What if he's suing the collection agency? Dumb Bob believes that the FDCPA should apply to true third party collection agencies. And it has been applied to some original creditors who have done certain things. It would be foolish for a pro se plaintiff to attempt something like this, however, Dumb Bob holds the view.
