I am suing Arr0w Financial for blatant violations of not validating and continuing to report an invalid debt after multiple certified validation and warning letters over the last couple of years. They were served but I haven't heard a peep. Court is in a few weeks. Should I send a copy of served docs and offer a settlement? Or just wait and see if they respond or show up in court. Thanks for any suggestions
Wait. If the documents have been served, you have the evidence, and a court date - wait. You have no reason to send them copies of the documents that have already been served - or to offer a settlement. Not yet. Wait. Let the process play out. They may not show up or they may ask your terms right outside the courtroom. If you're confident in your evidence, go with the flow and follow through with it.
Be prepared to do battle in court. With our case, the company rep would not back down, refused to cooperate during mediation and it went to court. We were prepared, very well, and thank goodness we were ready. Sometimes the other side plays hardball so expect to work it out without a judge.
Be well-prepared. Know your evidence inside and out. Rehearse. Say it out loud in front of an audience or even in front of the mirror. Get "comfortable" saying it. If possible, go to the courthouse a few days ahead of schedule and walk around the empty courtroom. If you've never been in real courtroom, go in and walk around. Sit in a chair. Get the "feel" of it. Go home and rehearse. Fine tune it like a performance on a stage. While most cases are settled, be prepared to play hardball, too, which means if your evidence is solid, rehearse it, go to the courthouse, and lay it out there. Be well-prepared. Rehearse.
Well, I won the judgment against these scumbags but for a much reduced amount. They didn't bother showing up in court. However, can you believe these @$%!@$% are still reporting this invalid debt now showing it several months past due which is tanking my scores. Any suggestions now?... I received a letter from a CRA (after disputing) that says: The results were... Adverse accounts on your record that have been paid in full will delete automatically after seven years bla bla bla. Never saw this before. Of course, I've never paid anything to these clowns. and of course, by verifying without validating, they have violated the FCRA. Lastly, the comment on paid in full must be just a form letter because the CA is still reporting a "past due" amount. The CRA letter is dated prior to my court judgment. Any suggestions on next steps... go after CRA?
Won judgment but CA ignoring? OK guys, I have a judgment in hand for violation of FDCPA (not validating and reporting to the CRA's) but can you believe the CA "ARR0W financial actually verified this erroneous account again after I disputed with the CRA? I sent the CRA's a copy of the judgment and so far, I have received one back as verified. My judgment was for $1000 but I really need this crap off of my reports. I think I may have to sue the CRA in small claims as well.Of course, they haven't sent me the judgment amount either. Suggestions?
Won judgment but CA ignoring? Small claims. They didn't bother showing up. 30 day appeal period just expired.
Won judgment but CA ignoring? New FDCPA violation, new cause of action. If Small Claims does not offer injunctive relief, you may want to move that one up to a better court that can order them to correct. Work on collecting your damages, then you can fund your next round. Does the CA have any assets (offices) in your state, or are they required to be bonded?
Won judgment but CA ignoring? Thanks ontrack. They don't seem to show any offices in California and I have written them to formally request the settlement. As far as I know, CA's don't need a license in California. I also reported them to the FTC and their state attorney general, for what it's worth.
Won judgment but CA ignoring? Did you serve them with an agent of service in California, or in another state? What state are they headquartered in, and what state are they incorporated in?
Won judgment but CA ignoring? Served by agent of service here in California. They are headquartered in Illinois. They're actually just an LLC and not a full corporation.
Won judgment but CA ignoring? Of course they are ignoring you. You have a judgment and no idea on how to collect. Why bother going after them again in small claims? File in federal and go after them for FDCPA and FCRA violations. Get a lawyer and make them pay the legal fees too. Gib
