Just thought I would let everyone know just settled my 4th law suit....due to the fact I will be signing a non disclosure can't disclose the facts but it was in the very low 5 figures less then 10,000 but this was on a CA who's Owner said he would never pay anything that I was trying to extort money from them, well they their notice of first meeting comming up and made me an offer so I figured ok take it and move on.....Filed on them in Federal Court.....Getting ready to pull the trigger and file in Federal Court on CPS "Consumer Portfolio Services" I got a feeling they will fight me tooth and nail B/C they say I owe them over 5,000 but I have them on over 9 FCRA violations with statutory damages of 1,000 each so I will not settle this one for less then what I owe them. Getting ready to File on Experian for a re-insertin a "Judgement" with out notifing me.
How much is it costing you to file the federal lawsuit? Are you rtepresenting yourself if it reaches court? Thanks
$150 for each suit and yes I am doing it Pro Se which is representing myself so far they all want to settle before it goes to court.
So, I guess that would mean you can get more than just $1,000 if they commit more than one violation. I keep getting told that no matter how many violations, you can only get $1,000 per CA. I really can't see how that is law though.
Who is telling you that? Maybe it means if there are multiples of the same violation, they are only required to pay $1000 per type of violation? I don't know as I am still new to all of this, but it seems a max of $1000 per CA no matter how many violations kinda defeats the purpose of the FDCPA in the first place.
lemme take a stab at this....i need to know if my thinking is correct here since I'm suing a CRA.... as far as i can tell, there's an ongoing debate about the 'per violation' thing. From what I gather, by reading the FCRA, FDCPA, etc, you can sue for 1,000 per violation. for example, you could sue for $4,000 if a CA did a non PP pull, reported incorrect info, after verifying w CRAs, especially when they reasonably should have known that what they were reporting was incorrect--IOW, negligent noncompliance continued to report said incorrect info, even after they were notified of dispute & sent proof from you that it was incorrect--IOW, willful noncompliance re-aged the account You can't, however, sue for like $13,000 because a CA reported incorrectly the 13 times you checked your reports. Get the difference? i hope i'm correct. I would think a lot of it would be up to the judge/jury. like, I would think you could sue for each continued collection attempt prior to validating, but I'm probably wrong.
It is actually $1000 TOTAL under the FCRA and $1000 TOTAL under the FDCPA. Now, I won't tell you what previous case law supports this because it would only do you harm. But, just for information purposes, there is more than sufficient proof out there to support it is not PER violation or PER type of violation. It is $1000 per lawsuit (unless you have damages....then it is different). However, that does not mean you can't make the argument that it is $1000 per action or per type of action.
Re: Re: Just settled another law suit I know i've read something about this, and i should probably know the answer by now, but what about filing multiple lawsuits...one for each violation?
Re: Re: Just settled another law suit Ok from what I know there is and has been case law that courts have said FCRA violations are per violation which means if you have 3 N PP pulls on ur credit reports ...they did not notify the CRA's that you disputed the account \you have 3 more for a total of statutory dames of 6,000 but on the FDCPA they can call you 500 times and not validate the debt send you 600 dun letters and from my understanding most the courts have given out is $1,000 plus court costs that is why you need FCRA violations as well.
Re: Re: Re: Just settled another law suit If the violations were all comitted BEFORE the time in which you file, you can't do that. However, if you file say in February for everything that happened previous to February and they do something in March, you can file again in March.
Re: Re: Just settled another law suit After re-checking my court cases, they applied only to the FDCPA. So, lsmith15 may be right concerning the FCRA. I don't have any cases regarding whether $1000 is the limit under the FCRA (for most violations). However, I will contend that, for unauthorized pulls, it is $1000 per pull. And, if it isn't, so what....sue for it anyway
Re: Re: Just settled another law suit This is a response that I got from a collection agency after they finally provided validation of two accounts. This has been going on for 2 months now..back and forth. Since I told them that I would file suit on them, they sent this: "The creditors were also kind enough to send itemized bills again, which are the same bills that were previously sent to you. I have circled the balance on the bills, which does match the balance reported to the Credit Reporting Agencies. OUr office has satisfied our requirements for validation of these accounts. We have not received your reason for disputing these accounts. We ask that you now let us know what you are disputing so that we may help to resolve this matter." ----- Those balances do NOT match what is on my credit report. Where do I go from here? I want to file suit on them for their violations anyway..even if it DID match. I need some help pretty quick-like. I keep sending them letters stating that they need to send me an offer of settlement out of court but all they keep doing is trying to validate the accounts.
Re: Re: Just settled another law suit In my suit that I will be filing against CPS I will request a trial by jury...I think that most OC and CA don't want you standing up in front of 12 of your pears telling them about the Evil Debt Collector who has not got some kind of Dun letter from a CA ...so what I am saying is most of the time they might want to settle this before it ever goes to trial. Now on the FDCPA violations and the case laws 1,000 dollars is it but someday someone will bet a judge to see the light and grant it for more than the 1,000 and then watch out CA.
Re: Re: Just settled another law suit well these guys insist that the amount that is on the credit report matches what they've sent to me. I can't see how they think that..it's in black and white right here in front of me. The amounts do not match so then I cannot pay something that I"m not sure I actually owe. I would argue as to why there is a different amount on my credit report. Hmm..maybe they'll be stupid enough to pull my credit to see what I"m talking about and then I'll have them on another FCRA violation . They just may be that stupid. Any ideas as to what is my next step anybody?
Re: Re: Just settled another law suit JD have you requested a re-investigation at the CRS's and if so did the CA verify the debt as being True and correct?
Re: Re: Just settled another law suit I'd tell them that not only do the amounts NOT match what's on your reports, even if they DID match you have a problem. Tell them that you can't verify either amount, and what you are requesting is more than a balance from the OC. You want to know what it is for--a detailed statement of account.
Re: Re: Re: Just settled another law suit why do you think that would be a violation? if you have an open account w a CA and they think they've validated, they can pull till the cows come home.
Re: Re: Re: Just settled another law suit Did they send you a copy of the signed contract/application? If not they didn't validate.
