I live in Texas and am preparing to file in Small Claims. The CA is medical collector. My account is 6 years old. I have disputed as not mine and sent validation requests. After receiving the RRR I waited a week and then disputed with the CRA's. CRA verified. No response from CA. Sent second request for validation. Recieved RRR, disputed with CRA's after 7 days. CRA verified. No response from CA. Sent Estoppel. Recieved computer printout as validation. Sent intent to sue - no response. Reading the board and researching Texas law, I think I should file under these two Federal Statutes and the Texas Statute that limits the CA's time to respond to thirty days. Section 807(8) of the Fair Debt Collection Practices Act: § 807. False or misleading representations [15 USC 1962e] Section 623(a)(3) of the Fair Credit Reporting Act: § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] Duty to provide notice of dispute Texas Debt Collection Act Chapter 392. Debt Collection SubChapter A General Provisions § 392.202. Correction of Third-Party Debt Collector's or Credit Bureau's Files (Basically a 30 day limit on denying or admitting an inaccuracy brought in a dispute) http://www.capitol.state.tx.us/statutes/fi/fi0039200.html I think combining the Federal law and using State law to limit the response time allowed by the CA I have covered my bases. Any input from those with experience? Also, the small claims form only has a small amount of space for the complaint. Can you attach a sheet with your complaint or must it fit in the space provided.
You should also know that the SOL in Texas is 4 years. Was the service you received in Texas or did you live there during that time? If so, you have another valid arguement against continued collection activity. The SOL is in the Texas UCC.
I have almost the same exact situation except it is posted multiple times on the report. Does your entry show as disputed?
I am making my game plan for the next step. I have one CA that sent a printout back as validation and I sent estoppel. The other CA did not respond at all so sent estoppel still no repsonde from either. Planning to send intent to sue letter. I read somewhere that a good tactic would be to put copies of the form from the courts (just to let them know you are for real). Does anybody advise that???? I am also sending the intent to sue letter to FTC, BBB, Dept of Commerce (I think that is correct), AG, and Planetfeedback. Next, I have question about actually filing. I am thinking about filing in small claims court (I am in Tarrant County). Do I get the forms I need from the County Clerk's office or should I consult with the AG. I am kinda confused. I read the FAQ section and still a little confused can someone guide me with the right steps that I need to take??? And when do I submit this type of information: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=5&postid=191209#post191209 A guidance would greatly be appreciated.....thx a bunch.
Hey, Tea...As you know, I've had good luck with the AG's. Just a bit of info I believe I've picked up here and I think others may be able to confirm: If you file a lawsuit, the AG won't get involved. Is that right everyone? A couple of factors stand out...what kind of AG are we talking about. In CO, they can really help you because of the licensing, etc. But, in TX, well, it may just be a good move but you aren't really counting on their help in any real sense, if you know what I mean. So, in my case, I'll file suit after I get the CO results from the AG. But, if I wasn't dealing with CO (or a state that monitors their collection agencies so well), I'd likely go ahead and sue earlier and send the ag letter for good measure. Gosh, does that make sense?
NanaC, I understand what you are saying. I just thought I read somewhere that the AG would help you somehow...maybe not. Well, what sending a copy of the forms that I will use to file a suet along with the intent to sue letter???? And when do I submit this type of information: http://consumers.creditnet.com/stra...1209#post191209
Oh, TEA, I've gotten great help from them. But, there's "levels" of help. If they have specific regulations for collections, you might try that before filing suit. If they don't, then go with the suit and file with them at the same time! At least, that's what I think! Your link took me to the credit card page. Did you mean for it to?
Sorry about that this the link I was talking about http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=5&postid=191209#post191209 NanaC, OK........Still confused sorry. Ok this is what I am thinking of doing......going to the county clerk's office and asking for the paperwork to file in small claims court (getting the prices to file and how they will serve the other party). After which I will mail the CA an intent letter with copies of the forms (not prepared just as ammunition only) and I will cc: BBB, FTC, Planet Feedback, and AG. NanaC, let me know if that is on the right track.
To file in small claims court, get the "Statement of Claim Form" from the court. You can find the small claims court in your area by just looking up "Justice of the Peace" in the yahoo yellow pages. In Texas the Justice of the Peace is the judge for the small claims and the justice court. Call and they can tell you how much it costs to file and serve papers. Make sure you know the city and county the company is in that you are going to file against.
Make sure you know the city and county the company is in that you are going to file against. Knowing the City and County of the CA is that just for them to serve them correct???? Also, the address where I have been sending validation letters to would the city and county I would use correct???
Tea: On the legal steps, I'll defer to those with more knowledge. I know you'll get good advice. On the others, as to who you are reporting (BBB, etc.), I say GREAT!
You are welcome, Tea, you will be my role model on this as I'm following behind you with a suit as soon as AG is done. I'm cheering you on!
If the CA is a corporation, you will need to serve the Registered Agent. To find out who this is and where to serve, contact the Secretary of State. In email Texas: corpinfo@sos.state.tx.us or legal support unit at 512-475-0775. If the company is a partnership or sole proprieter, the rules are different.
