Hi all, The time as come for me to take Sherman Acquisition to Court here in Washington State. My plan or idea is to go to small claims court which has a limit of $4,000. My issues with Sherman failing to validate, posting charge off on all three reports without notice to me and re-aging the account from 8/98 to 6/03 would take this way past $4,000, but I want the $4,000.......end of story. This will be my first time, so any advice or input will be much appreciated. Thanks in advance Dog
Remember there is a $1,000 cap on all FDCPA claims. That is total per action. Also you should be past SOL so sue away.
hmmm so I can only go for $1,000? Which is still ok I guess? (but maybe I should try for $4,000 anyway? and just see what happens? what if they don't show? Sherman is licensed to collect debt here in the State of Washington, so I am assuming that there is a way I can serve them?) This debt is from 1998, way past SOL...... (I am not sure I understand your point? I have failure to validate as 1 action? I have re-aged accounts on all three CB's.....3 actions? I have 3 failures to inform me of sherman's reporting on all three reports which is 3 actions? Or a grand total of $7,000? if this was going to state court? small claims is max of $4,000? But I can or should go for $1,000 or $4,000 in small claims?) Dog
Oh and yes there will be no settlement at this point...I will share the results of this trial with the lic. department and the attorney general here in Washington state. I really want to go through the entire process of collecting a debt from a debt collector. (Well I guess I would settle for $4,000 )! BUT NOT A PENNY LESS! Every Dog has it's day!
Hi CD, Now that you've made the decision we can get serious. First, there's no such thing as failure to validate. It's failure to properly investigate your dispute. (I'm sure you knew that). But now we need to get accurate. Second, go for each additional violation as a separate violation along with the fine. If it adds up to 100,000, do it anyway. Make THEM prove it's per action. If you sue for 5 violations, 4 of them might fail. You'd still have #5. See? .
Thanks Butch, So I will take them to court (7) seven times.....each for $1,000? I like this idea? Dog
ok.... i was going to take them to small claims for all 7, with the idea of just to make sure I get $4,000 or win on 4 out of the 7 issues. I am thinking of making a large flow chart to show all the events and violations to the judge....something that would be on an large card board backed kind of thing. I want victory at any and all cost. ! Dog
SLOW DOWN THERE "I have failure to validate as 1 action?" -THERE IS NO REQUIREMENT UNDER FEDERAL LAW FOR A COLLECTION AGENCY TO VALIDATE. "I have re-aged accounts on all three CB's" -UNLESS you have previously DISPUTED the "re-aged" accounts, THERE IS NO CONSUMER CAUSE OF ACTION IN THE FEDERAL STATUTES. "I have 3 failures to inform me of sherman's reporting on all three reports" -MOST ASSUREDLY, the contract with the orignal creditor contained a "disclosure" caluse. DO YOUR HOMEWORK before filing. BASED on the info you provided, IF you filed, YOU COULD BE IN VIOLATION OF THE FEDERAL LAWS -If you need some more help, let me know before you file hiding90@hotmail.com
SLOW DOWN THERE "I have failure to validate as 1 action?" -THERE IS NO REQUIREMENT UNDER FEDERAL LAW FOR A COLLECTION AGENCY TO VALIDATE. "I have re-aged accounts on all three CB's" -UNLESS you have previously DISPUTED the "re-aged" accounts, THERE IS NO CONSUMER CAUSE OF ACTION IN THE FEDERAL STATUTES. "I have 3 failures to inform me of sherman's reporting on all three reports" -MOST ASSUREDLY, the contract with the orignal creditor contained a "disclosure" caluse. DO YOUR HOMEWORK before filing. BASED on the info you provided, IF you filed, YOU COULD BE IN VIOLATION OF THE FEDERAL LAWS -If you need some more help, let me know before you file hiding90@hotmail.com
shoot darn dang......I am so busy buying and selling pre-foreclosure homes that I really lack the time and energy to chasing after these idiots. I mean in maybe a 1 year or so it will all go away on it's own. But Sherman really pisses me off and I know if I wrote a complaint letter to the collect business lic dept an AG here in Washington State that the tradelines would go away. I have had this kind of success with RMA on the wife's account. Sherman is making my life somewhat more difficult and expensive, but it is not the end of the world. I just purchased a $25K used Mercedes Benz through a car dealer with no money down and financing through B of A! I made sure they pulled only my best report and B of A pulled my worst Eqisuck with 2 charge offs and sherman Acq. as a recent re-aged account. B of A bought the deal at 7.9%. THERE IS NO FREAKING WAY IN THE WORLD BofA is going to make me a no down deal with a 606 equifax and 3 unpaid charge off accounts totaling over $4,000! And I provided NO proof of income! So there is in my opinion times when with the right knowledge and understanding a car dealer financing can be of service to a car buyer. But opinions very. Anyway, so the question is am I going to spend more time battling sherman, or am I going to get another RE deal in escrow in the next week or two? Sherman will have to pay me lets say $1,000 to $4,000 to maybe $7,000. My average net before taxes on my first two Real Estate deals is roughly $80K. Which would you do? Which should I pursue? The silly car will be paid for when I close the next deal in say 3 months or less if I work on Real Estate only? Sherman could provide me with a few car payments and part on the insurance cost? AS much as I HATE Sherman to the core, which am I going to do, what am I going to work on right now? It is a no brainer. Dog
