May sue, please advise. (long)

Okay here is the deal. I am not going to give too many specifics, that may identify me....but I think I can convey the message without all that anyhow.


Telephone bill from verizon, between $300 and $400. Went to collections back in like June or so. I made arrangements to pay w/ verizon. I missed a payment and knew the account would go back to collections. I called verizon, and they informed me of the CA who had the account. I needed to buy some time to pay off the account, and didnt want it listed on my credit report. So I immediately sent validation request to the CA, before any notation was made on my credit report. The validation request was sent in August. I did not hear anything back from the CA at all. I paid the debt last month, when I had the available funds.

So now the lawsuit part. The CA that I sent a validation request to in August, put a collection record on all my reports in November. They never validated this debt as requested. And they did not list the debt as disputed. I was thinking they may try to say, they did not have the account, when I sent the validation. However, the listing on my credit report has a placed date of June. So I know they had the account when i sent validation. My only concern is that I maid a payment to Verizon, after my validation letter to the CA but before they listed this item on my report. Does that have any effect on the CA's obligation to provide validation before continuing collection efforts?

I figure I have them for collection efforts, without validation. B/c I sent the validation before they listed anything on my report. I also have them on failing to notate my dispute when they did list the item on my report. They are also not bonded in my state to collect debts, I am in TX.

So is this a good case to pursue in small claims court or what? Should I send them a letter offering to settle, before I file? If so, for how much? Also, how much should I sue them for? Anything I missed, please point it out to me. Thanks

 

jlynn-

Well I have been reading up on some of your posts, while trying to look into the lawsuit thing. And I must say your information has helped me out. I went over to my local JP today, just to inquire about this stuff...service, procedures and such. Well they all looked at me like I was stupid, so I dont know how wise it would be to try this in small claims, but hell its only like $17, so I might just give it a shot.

One question, if anyone knows. How do I serve a company in Massachusetts? That was the one thing they were all wondering about, after I told them that the federal statute I was suing under specifically allows me to pursue this case in my own jurisdiction.

And I found another violation, TX law. They failed to respond within 30 days to my dispute. Small beans I know, but still another violation of TX finance code. So thats two federal and two state.

 

Ok so Ive just about given up searching for how to serve someone in another state from Texas. The lady at the court wasnt so sure. Ive sent an email to the Sec of State hoping to see if they have a registered agent in TX. I guess we will see what happens from that.

jlynn-

I can see what you mean about maybe not a good case for court, but these people have me so pissed off! I mean the debt doesnt even exist anymore, they have had my ITS for three weeks now and the TL's have been under dispute for two weeks, yet they have made no move to delete their reporting. Plus, I was going to get new tires for my Jeep and now with the hit on my credit, I have no hope of the 6 months no interest thing at discount tire. So I am going to be a pain in their ass, and who knows maybe they can pay for my tires.

 

Not bonded, in TX. Already checked with Nina W. Yeah I forgot to mention the ITS in the first post. That and I messed up in my thread title, but oh well. Didnt know there is a 15 minute time limit for editing posts. I look like maybe I shouldnt sue anyone until I can figure out the difference between advise and advice.

 

New tidbit of information.

Just heard back from the Sec. of State's office. The collection company that i am dealing with is operating under an assumed name and it differs from their actual incorporated name. Those folks are fast, took about 30 minutes via email to hear back from them.

Anyhow, sent another email off to Nina W. so to see if the corporation name I got is bonded. We wait and see.

Off to wedding for the weekend, will check back when I get into town on Sunday.

Thanks for everyones advice.

 

So, I have a little more to add to this post. Here is a summary of all events, with recent events at the end. What does everyone think my chances are in court? These clowns still wont resond to my letters.


August 03- Learn from verizon that account placed with xyz collections. Send validation to xyz collections, have green card from certified letter.

August 03-November 03 -- No validation forthcoming, no communication from xyz collections whatsoever.

November 03- xyz collections lists collection record on all 3 credit reports, no notation of dispute.

November 03- send xyz 2nd certified letter, reminding them of my prior validation request and warning of possible legal action if they do not remove listing from credit reports.

December 03- Dispute listing with all three CRA's. EX deletes, EQ still investigating, TU verifies with update saying paid. Still no notation of my dispute.

Jan-04- learn xyz collections not bonded to collect debt in my state.


Violations as I see it:
TX state law
Violated Title 5 section 392.101--no bond
Violated Title 5 section 392.202(b)--failed to respond to letter within 30 days. Twice.

Federal law.
Violated FDCPA section 809 b-- continued collection by listing the item on CR after recieving dispute but before validating.

Failed to notate disputed on CR listing, initially upon listing and further upon upsating with TU. Not sure if this is FCRA section 623(a)3 or FDCPA section 807(8). Twice.


So let me know what yall think. Im really considerign pursuing this, b.c it knocked my EQ fico down to 611 and they arent acting on my letters, so I see no other course of action.

 

vghost,

Didnt see the FDCPA 809(a) violation at all. Thanks.

I do have a question regarding the 809(b) situation. So basically what you are saying is that even though I sent them a validation request, they werent obligated to stop collection efforts, b/c they had not fulfilled their requirements under 809(a) and sent initial communication starting the clock for the period under which a validation request from me would require them to cease collection attempts? I always thought that if I sent the validation, regardless of any communication from them, they were required to cease collection efforts until supplying said validation.

Second. On the issue of FCRA section 623(a) and FDCPA section 807(8), I would want to pursue the FDCPA violation right? Since its the one that creates an individual cause of action. If I remember correctly, the FCRA limits enforement to the FTC or something on that violation.

Thanks.

 

Re: Re: May sue, please advise. (long)

vghost,

Thanks for the clarification. It does kinda suck, the way that is worded, but I am still going to file for the continued collections and add on the section (a) deal. Worse comes to worse and they tell the judge, "Hey wait that doesnt count because we violated section (a) by not sending him notification..." well then I'll just be trading one violation for another.

I am going to go after these guys though, if not just for the satisfaction value. May actually get a dime or two from them as well. But how hard and far I pursue this also depends on how they handle the two outstanding CRA disputes.

Thanks.

 

Re: Re: May sue, please advise. (long)

Anyone see something else? No offence to anyone, just looking for lots of opinions. Thanks