this week I filed a lawsuit for a paid cc account, with multiple lates, the furnsher responded by saying that they are not bound by fdcpa. and right he is! so i filed for 3k on fcra violations, hoping to settle for $500 plus deletions. Have prepared lawsuit for cra, filing on friday. I also sent an its to another oc based on the actions of the ca they retained. Have another cra i am preparing to sue, but have to pull all the documents together. I also paid down my cap 1 and will soon pay off providian .... hoping that these resolutions will help bump my score up!
do you live in one of these states: District of Columbia and the following states include creditors in their debt collection laws: Arkansas, California, Colorado, Connecticut, Florida, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New York, North Carolina, Oregon, Pennsylvania, South Carolina, Texas, Vermont, West Virginia, and Wisconsin. If so they are bound by the FDCPA as these states do not distinguish between creditor and collectors.
robin | these states do not distinguish between creditor and collectors. ============ O That it were the same in all of the other states, The END ************************* LB 59
Yes, robin, even an original creditor qualifies as a debt collector if they try tocollect on a debt in these states.
I am suing a paid oc for will non compliance, for not notating my account as in dispute. The account is fully paid, but chock full of lates. I am ready to settle for deletion or "paid as agreed" with removal of lates. The court date is March 18. I have never sued an OC so if anyone has hints let me know. My other lawsuit date will be first week of April. It is a CRA.
I have an OC i'm considering sueing, I chickened out though as it is a very large company. I figured I'd go after the CRA first.
Oh it is the same in all states. All one has to do is file suit on them claiming that the 14th Amendment provides equal protection to citizens of all states. Therefore if one state has a higher standard of protection than another the citizen with the lesser degree of protection can invoke the higher standard of protection based on the 14th Amendment to the Constitution. Under the 14th Amendment, all persons whether natural or otherwise are also afforded equal protection. It is claimed that such is the case because of the fact that one railroad argued that point before the Supremes who never actually ruled on that issue in the case before it. Of course, by it's silence the Court affirmed the position. One funny little note is that if one state has a harsher standard of punishment than another nobody ever mentions that. I guess they don't like the 14th Amendment argument in those kinds of circumstances all that much. Just depends on whose chicken is getting gored whether or not the issue about equal protection clause of the 14th Amendment is raised.
Bill, That is very interesting. I don't know how well it would work in court though. Wouldn't this be unprecendented in a FDCPA/FCRA case ?
I'm afraid so. Sorry I was not quite as clear as I thought I was. While it might be understandable why a corporation (non-natural person) would like to have the same protections as a natural person and then attempt to raise the point before the highest court in the land, it really didn't work all that well for them except that as a result some attorneys will bring the point because it was brought up in that case so long ago. They will state something to the effect that in Anaheim Kukamonga & Azusa Railroad v. State of California it was argued before the Supreme Court that under the 14th amendment a corporation enjoys the same rights as a natural person but never state the fact that the Supremes ignored the question although they would be highly unlikely to actually state that in their motions or pleadings. What I tried to point out was that such arguments have no basis in law but is being expounded as the latest and greatest thing out there while the truth of the matter is that it is straight out of the corriculum of the LTU school of law. So are most of the supposedly great ideas that are being bragged about all over some message boards and forums.
