Ok apparently lighting a fire under my lawyers keyster is not going to help matters. I have called him several times as well as emailed him and I have received no response. I have not yet "retained" him so I will not be out any money. I was wondering if you fine men would help me write out my lawsuit. Here are the basics: 12/8/01 received first letter from CA 12/12/01 Immediately sent out VL CRRR signed 12/18 12/13 collection notice *violation #1* 1/11/02 another collection letter from them *violation #2* 1/19/02 sent estoppel CRRR signed 1/23/02 also included an intent to sue/settlement offer. 1/20/02 received notice of intent to place on CR's as well as collection letter (1 ltr) *violation #3* 1/20/02 I filed BBB complaint 1/20/02 showed up on EXP *violation #4* 1/23/02 received letter saying they received my dispute and temp. suspended collections 1/25/02 shows up on TU *violation #5* **1/29/02 I called Collectech and told them of the situation, they said the first letter sent was proof enough and they don't need to send anymore proof. Also "if you just paid your bills we wouldn't have a problem" *violation #6* (no proof though) 2/5/02 shows up on EQU *violation #7* 2/9/02 received computer printout of TOS and last print out statement. I was denied $10K for an increase to CItibank, denial reason "collection activity" I was denied $5K on my Overdraft denial reason "collection activity" I WAS shopping for a home, but I don't want to risk wasted inquiries because of this. I had just paid down all of my debt to 20% utilized, to buy a home, now this. I want to get this over with, but I also want what I deserve, monetary wise. I DO owe this bill, however I believe the amount is incorrect (Think I was double charged a cancellation fee). I don't even know how or where to start with this. Should I just go file seeing as the first settlement letter didn't work (and that was for only $2K and deletion). I was looking over Lizardkings (?) stuff for suing Sears, would I go by that? I have all my paperwork now I want to put it to good use. TIA!!
Do not try to use legalese. What the Judge is looking for is a quick answer to "why is this guy suing?". Keep it simple. Point out the law that was violated. Chances are that the Judge has never had one of these cases and is probably not familiar with this particular law. Try this. Write everything out. Then give it to someone who knows nothing about this subject. If that person can read it one time and then explain to you what the problem is, then you have a good lawsuit. If not, then revise it. Judges are busy and don't have a whole lot of time to waste. Keeping it simple means a lot.
KHM, didn't I just send you the Complaint against the CA I will be filing against this week? I might have sent you a letter I was sending to someone else though. Let me know and I'll be happy to send it out to you. You could easily modify it to match your circumstances. L
Thomas, Than you so much, that makes perfect sense. I was just under the assumption because it would go to Federal Court and I would be Pro Se, that I would be held to the same standards as an attorney. Whyspers, I didn't receive anything form you . My email is enabled so feel free to send away!!
Re: Lizardking/LKH/Doc need help w/ KHM, did you see the format Donna used here? Link: http://consumers.creditnet.com/stra...ad.php?s=&goto=newpost&threadid=22019&pgnum=1 The first part (the complaint) is what I'm referencing that may be helpful to you (I think perhaps). The second part (the notice of lawsuit) is inconsequential in your case obviously. I just really liked the logical way she layed out her case (just as Thomas suggested in this thread). What do you think? Could that format be repurposed for the judge's review in your case? You might include a few points in there that spell out the sections of the law that were violated. Doc
Re: Lizardking/LKH/Doc need help w/ Doc- I think it can work, honestly I am completely clueless about this. I know what they did wrong and I have the proof, but when it comes to filing I'm stumped. So basically, if I am right, I just place an easy to read timeline of the events that have ocurred, and how they violated my rights? Then at the end "Plead the court"????? I don't know.
Re: Lizardking/LKH/Doc need help w/ Collectech the evil freaking empire!! I agree with Doc about simplicity. I have decide to contact a paralegal service and have them assist me in preparing the complaint. They charge $100 and will go down to the courthouse to file it for me. They can help with the structure of the complaint, how to properly cite cases, and word the complaint to make it the most effective. I think it's $100 well spent. Plus I have a template to go from when I file against another arrogant CA.
Re: Lizardking/LKH/Doc need help w/ Ok I gave it a go, it's not final cause I am at work and I don't have the EXACT dates, but PLEASE change what you feel is necessary!!! I Defendant, Collectech, sent a collection notice to Plaintiff on or about December 12th,2001. (Exhibit A) II As is her lawful right in accordance with the Fair Debt Collection Practices Act (FDCPA), Plaintiff sent via United States Postal Service Certified Return Receipt, a letter requesting formal debt validation. This letter was sent on December 13th,2001 and signed for by Collectechs office on December 18th,2001, well within the 30-day period expressly provided by the FDCPA. (Exhibit B validation letter sent to Defendant)(Exhibit C proof of delivery to defendant) III Defendant sent another collection notice dated December 13th,2002, not allowing 30 days for the Plaintiff to respond to initial collection notice. (Exhibit D) IV Defendant failed to respond with any type of requested validation. V On January 11th,2002, Plaintiff received a collection notice, from Defendant, demanding payment, which is a clear violation of the FDCPA, which clearly states if the consumer disputes the debt the debt collector shall cease all communication of the debt until the verification is obtained and mailed to the consumer by the debt collector. (Exhibit E) VI Defendant again failed to respond with any type of requested validation. VII On January 18th, 2002, in a good faith effort to allow Defendant ample opportunity to validate the alleged debts, sent a second letter via Certified mail with return receipt requested, which was signed for by the defendant on January 23rd,2002. (Exhibit F Letter sent to Defendant) (Exhibit G proof of delivery to defendant) VIII Defendant again failed to respond. IX On January 18th,2002, Plaintiff received yet another collection notice, this notice informing Plaintiff that this item will be placed on her credit reports, again violating the Plaintiffâ??s rights under the FDCPA. X Plaintiff filed a formal complaint with the Better Business Bureau, where the Defendantâ??s Business Main office is located. XI On January 25th,2002, Plaintiff received yet another collection notice, attempting to collect on this debt, which is yet another violation of the Plaintiffâ??s rights under the FDCPA. XII On January 19th, 2002, Plaintiff contacted the Defendant via telephone, to inform the Defendant of the possible legal ramifications. Defendant assured the Plaintiff â??they were within their legal rightsâ? Defendant also stated to the Plaintiff â??if you just paid your bills we wouldnâ??t have a problemâ?, which in itself is another attempt to collect on a debt that was currently in dispute. XIII On or around January,20th,2002, this account was reported to Experian in violation of the FDCPA, the FCRA, and an FTC staff opinion letter which clearly states that a collection agency may not report an account to the credit reporting agencies during the pendency of its verification of the account to the debtor, if the debtor has so requested. XIV On or around February 5th,2002., this account was reported to Trans Union in violation of the FDCPA, the FCRA, and an FTC staff opinion letter which clearly states that a collection agency may not report an account to the credit reporting agencies during the pendency of its verification of the account to the debtor, if the debtor has so requested. XV On or around February 5th,2002, this account was reported to Equifax in violation of the FDCPA, the FCRA, and an FTC staff opinion letter which clearly states that a collection agency may not report an account to the credit reporting agencies during the pendency of its verification of the account to the debtor, if the debtor has so requested. XIV On February 9th, 2002, Plaintiff received a 32 page printout of the original creditors terms of service (TOS) as well as a printout of what appeared to be the last statement from the original creditor. The plaintiff, specifically asked for the original contract bearing the plaintiffâ??s signature, as well as the Defendantâ??s right to collect on this debt. XV Because of the Defendantâ??s blatant disregard for the Plaintiffâ??s rights as allowed by the FDCPA and FCRA, the Plaintiff has been denied $15,000 in credit with Plaintiffâ??s current creditor. (Exhibit H and I). The Defendant has also hampered the Plaintiffâ??s ability to obtain a mortgage. The Plaintiff has had to place her home buying on indefinite hold, therefore possibly costing the Plaintiff the home of her dreams. XVI These actions on the part of Defendant demonstrate a willful disregard for federal law and constitute a blatant attempt to injure or ruin the credit rating of Plaintiff since Defendant has demonstrated an inability to validate the alleged debt and subsequently attempted to coerce payment. Plaintiff requests judgment in the amount of $250,000.00 plus accrued court costs plus permanent removal of all Defendant's collection account tradelines from Plaintiff's files with the four national credit reporting agencies (Equifax, Experian, Trans Union and Innovis).
Re: Lizardking/LKH/Doc need help w/ Ok $250K is a little high. I figured start off high. I have $22K in proof, not including the house crap!!! So maybe the cost of an average home in my state as well as the violations? $150K+22K= $172K????? Please anyone?
Re: Lizardking/LKH/Doc need help w/ KHM, Why do you want to file this in federal court? Federal rules of procedure are alot more complicated the most state courts. Also if you check your state statutes, you should be able to add additional violations (in my state we have unfair trade and deceptive practices, it allows for triple damages!) federal judges are not as forgiving to pro se plaintiffs as state judges. You should see if your state court has a pro se liason that will help you when filing motions etc. I can't remember if you listed it in your suit but you also have a violation of the FCRA for the CA not reporting the account as disputed on your CR as required. No matter where you file, I hope you do well. Good luck
Re: Lizardking/LKH/Doc need help w/ Kellie, While I wish you luck in this law suit, I don't think you're being realistic. A judge is not going to view being denied a credit limit increase as damages. Also, if you sue for a large amount like this, look for the CA to immediately cross file against you and attempt to collect the debt. At some point, the lawyer for the CA or even the judge will put you under oath and ask point blank is this your bill? Did you receive these services. They'll take the printout and ask, did you ever live at this address? Is this your phone number at the time you received these services? If you ever paid anything on the account, they'll subponea your bank records and canceled checks and ask why you ever wrote a check if you never received these services. If there was really huge damages in this case, you would have no trouble at all getting your lawyer to move forward quickly. A 1/3 of $250K is a lot of money. Since you have a lawyer that will take it, prehaps let him proceed as he thinks best.
Re: Lizardking/LKH/Doc need help w/ I admit this is my bill, however I didn't ask for validation to get out of the bill, the amount they are trying to collect on is wrong, I believe I was double charged the cancellation fee when I cancelled the account, resulting in an overcharge of $150. If the CA had simply provided me with the way they came to the total charges and it was indeed accurate, it would have been paid and this issue would be done. I have been completely honest with the lawyer from the get go (BTW he's not doing it on 1/3 he is going after attorney's fees, which I will be paying if he can move it along). I am just concerned with my time frame here. I may be moving to Florida in July (career change) and I don't want to have to fly back and forth (or fly period) to get this settled. The lawyer, and many others on this board, are the ones that told me to apply for credit increases with my current banks. The ONLY reason for denial is "recent/current collection activity", both creditors pulled inquries and I have perfect payment history with them. Otherwise I WOULD have been approved if this wasn't on there. I know $250K is WAY too much, what would you consider reasonable? 7 violations (FDCPA & FCRA) as well as the $15K denied credit. $22K, should I offer a settlement for $15K? I'm gonna call the lawyer one last time tomorrow, he never returned my call today, or the past few times either, or emails for that matter. I did everything as allowed by law but the CA thought they were above the law. It's more of proving a point than anything. Keepmine, thank you for responding, I truely appreciate your help.
Re: Lizardking/LKH/Doc need help w/ I have written one pleading so far, but the CA settled with me once they saw it. Here is the outline of what mine looked like Court Name YOUR NAME Plaintiff v. AGENCY Defendant Statement of facts PLAINTIFF, Your name, is an individual living in the Your State. DEFENDANT, NAME is a (corporation, LLC or whatever) formed under the laws of the STATE the business is incorporated in. COUNTS I. date and what happened and include the law that was violated Wherefore PLAINTIFF prays for the following relief: State the relief you are seeking be sure to include actual, statutory and punitive damages. PLAINTIFF further prays for the following relief: for award of court costs and incurred herein. for prejudgement and post judgement interest. For such other and further relief deemed just by the court I posted a copy of my suit here somewhere but I can't find it when I search. I hope this helps
Re: Lizardking/LKH/Doc need help w/ Sustina, Did you settle with the CA? Did you receive monies? If so was it substantial amount? I just spoke with hubby and he wants to give the lawyer a benefit of the doubt and wait for his response.
Re: Lizardking/LKH/Doc need help w/ I faxed the CA a copy of my pleading, They sent me an offer to delete via courier to my office the same day. I originally wanted deletion plus money but I decided to take the offer and save the headache of court.(I got weak in the knees!!) I wouldn't recommend what I did, next time I will file and let the CA make the offer AFTER they have been served. I would definitley look up your state statutes, they usually have laws that you can use to add too your violations.
Re: Lizardking/LKH/Doc need help w/ Kellie, I think your best bet is sue for the 7 violations at $1000/per and hope you can settle for a couple of grand and a deletion. I'm sorry, I like to think I'm a reasonable person but, there is just no way I can see being denied the opportunity to take on another $15k in debt as being damaged. I recall an earlier post where you said your U/R was at 20%. How can you be damaged if you were not even using all the credit currently available? I'm not trying to be mean here but, expect a lawyer for the CA to ask you that question as well.
Re: Lizardking/LKH/Doc need help w/ I'm gonna jump in here with my opinions. Such as they are... Don't get too weak and settle for deletion only. I have NOT settled with the CRA's for deletion only, I asked for money, wanted it, deserved it and got it. I think $250K may be high and they may hire big time lawyers over this. I would NOT go to fed court alone. They will expect you to know the law/s etc and they will tear you up in cross-examination. What is max for small claims in your state? I would have an attorney if you are filing for that much money or in federal court, otherwise sue for the max in small claims court and don't settle for less than 65% PLUS permanent deletion by them and any future collection agency. You may rightfully owe the bill, but they also violated the law and should have to pay, just as you would pay if you got caught speeding or stealing. Make them PAY!!
Re: Lizardking/LKH/Doc need help w/ OK. Unless you have an atty. that you can count on 100% to be in court with you, I wouldn't file in federal. Go to small claims or even the next court up the ladder. $250,000 is outrageous. I think $1000 per violation plus double it for the mental anguish, etc. Keepmine, I don't think the point is whether she owes it or not. She has every right per the FDCPA to demand proof and an accurate accounting of what she may or may not owe. The violated these laws on a number of occassions, and as far as I'm concerned, they should be held to the law and pay for it. KHM - I think your layout is fine, with the exception of the amount. Again, maybe file in the next higher court up from small claims, so you can ask for a higher amount, but I would definitely stay away from federal court unless you have a reliable atty. And, if you do have a reliable atty, he should be filing this for you.
