I have two probably stupid questions. 1. What is injunctive relief? §392.403. CIVIL REMEDIES. (a) A person may sue for: (1) injunctive relief to prevent or restrain a violation of this chapter; and 2. And does this mean, if I sue a 3rd party debt collector, I need to include the bond company in my complaint? Or is that only if I were to win? §392.102. CLAIM AGAINST BOND. A person who claims against a bond for a violation of this chapter may maintain an action against the third-party debt collector or credit bureau and against the surety. The aggregate liability of the surety to all persons damaged by a violation of this chapter may not exceed the amount of the bond
Asking a court for relief from that which one believes is unjust. In essence it is an equity attack. In your complaint. You must live in a state where bonding is required of collectors.
Injunctoive relief is askinga Court to prohibit a person (natural or artificial) from doing certain acts. In debt collection, Injunctive relief would include, but not be limited to, prohibiting a collector from calling you. If you sue a CA (as defined in FDCPA) you would not be also suing the Bonding company. The Bonding Company bond is to ensure thatt the CA actually pays to the creditors (the CA's clients) the money they collect for the clients.
Sue a CA or CRA in small claims that does not allow injunctive relief, you can only win $$$, judge can't force them to "delete" the negative account. Small claims powers are determined by state law.
Are you real sure about that? The question he asked was "2. And does this mean, if I sue a 3rd party debt collector, I need to include the bond company in my complaint?" §392.102. CLAIM AGAINST BOND. A person who claims against a bond for a violation of this chapter may maintain an action against the third-party debt collector or credit bureau and against the surety. The aggregate liability of the surety to all persons damaged by a violation of this chapter may not exceed the amount of the bond Seems to me it is talking about private persons here because of the reference to "credit bureau" and a collector's client would not be worrying about credit bureaus if the collector had failed to pay the client money due from collections although that would be one of the reasons a client might sue. From the inferences here it seems to me to be pretty clear that a person can go against both the collector and his bonding company. So if it follows that he can then he probably also needs to.
Re: Re: Legal Minds I'm a girl LOL - gonna have to rename myself jlynngirl Should have been clearer. This is the TX Finance Code, and our variation on the FDCPA. TX requires bonding of 3rd party debt collectors. So does that mean I should include them in my complaint? And yes, small claims here is cash and carry, so if injunctive relief means an order to have them delete my TL, I will have to go to the next court. Anybody in TX know if Justice Civil Court allows for relief. My booklet is not clear?
Re: Re: Re: Legal Minds In reading previous posts by LKH, LizardKing ad PsychDoc a lot of times the tl will get deleted before court. Maybe this is just in the case of CRAs? So while Small Claims in most jurisdictions can't order the lines removed it may be just as good.
