I know alot of people are nervous about suing period, however I am NOT one of those. I spoke on the phone with a high powered attorney in Dallas, TX who takes on collection agencies. This is the scenario he gave me: If you are pulled over for speeding and you ask why you were stopped, he says "speeding" and you say "I don't recall speeding, can you prove it"? He pulls you out of the car, beats the hell out of you (actual damages) takes you down to be booked and has you arrested (defamation & any other claims you want to pursue here). They now publish the arrest in the paper for the town to see (continuing to report to the CRA). He (the officer AKA collection agency) broke the law. Regardless if you were or were NOT speeding you simply asked for proof, he had no reason to assault you and have you arrested. You can now sue them for assault and false arrest (violating the FCRA and FDCPA). They can countersue you for the amount of the speeding ticket ($100 or whatever) but they (collection agency) still broke the law in the process. He told me anytime they break the law, ignoring cease & desist, continued collection efforts, validating with the CRA etc etc, you have a case. Therefore, even though I have one collection account that is within the SOL and I am not 100% certain it is or is not mine (they haven't sent anything) I am suing them. They have called my home at least 3-6 times a day and left very rude and harassing messages on my answering machine (I kept the tape). I also have the letters I faxed and mailed certified requesting validation and telling them to C & D. They even admitted on my answering machine they received the letters, but continued to call. If they want to countersue me for the amount they claim I owe, they can bring it on, but I have a very lengthy papertrail as well as the tape to hang them. He said they have to prove they are innocent, I have my proof they are guilty. He said the best bet would be to settle for deletion of the debt with a clause they can NOT sell it to another CA AND $1,500 minimum. His thinking is just having the judge hear the tape and the dingbat saying "this is a waste of time, yes we received your letters, you need to call and pay this bill TODAY" is enough to give me $1500 minimum. However, since they called 18 times in 3 days and I have every message I will NOT settle for $1500. The debt has already been deleted from all 3 CRA's so that's not an issue. I want MONEY and am suing for $5K and won't take less than half that amount. I say go for it and GOOD LUCK
I'm so glad you posted this. I responded to T-Man's thread saying the very same thing. If they CAN validate (which they're already told me point blank, "We can't get anything else from the original creditor"), let them. If not, I'm going to get paid. I offered to pay them a month ago, if they deleted. They said no. Ooookay, then YOU pay ME. Fine! The most ridiculous thing - a CA (in the business to make money), didn't want my money. Hmmm.
That's great you found a good atty.. how much does he charge? is it up front in fees or just a percentage of what's won? does he work only in Texas? I know somebody in Mississippi who needs help. You're doing really well suing... That's a lot of money you're winning!
Christie, I am so glad that you posted! I feel the exact same way and have mentioned that a few times to some of the "newer than me" members. JUST BECAUSE YOU MAY OWE SOMETHING, DOESN'T GIVE ANYONE THE RIGHT TO BREAK THE LAW. I am NOT scared to sue either. I guess that's the spunk in me talking, but I don't like being backed into to corners by BULLIES! I have HAD it with trying to be civilized to these jerks only to get MY blood boiling and ruining MY day. I have had a couple of creditors "help" in taking care of debt that I owed and could not pay after a personal tragedy. I had one offer me a 1099C (cancellation of debt) where they were able to write the debt off and I had to claim it on my income tax as income. I did and I feel much better knowing that I took care of it, because I never could have paid it before. I had another creditor put my debt on a credit card (subprime, I'm sure). However, I have paid it off and helped build my credit back up in the meantime. The CA's out there who CAN'T GET A REAL JOB, are the ones who are the jerks and DONT care to try and "work" with you to resolve anything! They are worse than loan sharks! They break the laws without conscience and scare everyone into submission! Things, they are a changin'
Thanks, Christi. I believe it is not only our right to sue in these cases, it is our responsibility as well. I too used to be kind of afraid to do it, but no more. The system is there to protect us NOT to intimidate us.
