Please read my complaint. I would love some feedback. www.topdogdigital.com/crs.html Please keep in mind the majority of my site is a work in progress... thanks
1. My opinions - I'm assuming you are in TX, and that this was a joint loan... TX is a community property state, and a Separation Agreement, would not get Elizabeth off the hook for the debt. SHe would have to sue Rick to recover the funds. 2. From the first phone contact in July, 03, did Elizabeth receive anything in writing within 5 days with the requisite "mini miranda" as listed in the FDCPA? 3. From the way you've written the letter, you imply that you know they violated the FDCPA again, by Casey's home contact in Nov. 03...yes? 4. Dec 03, wish you had some documentation on this... 5. Feb. 03 - Sorry, they could pull your credit report. You probably already know, and I'm not beating you up, but your biggest error in all of this was soooo many phone calls. If it were me, I would go this route: Sue Rick for the $4200, if he was charged with this debt in the final Divorce Decree. TX max for small claims is $5000, so you could get it done there. File suit against the CA for violations of the FDCPA. #3, and possibly #2 above. As part of any settlement you want the TL deleted. Reneging on the settlements is going to be hard to prove without anything in writing. Don't hang your hat on any of the regulatory agencies helping you too much. They have to have VOLUMES of complaints before they will take action. Good luck!
