Background, had a CC go through 5-6 CA's the sent to ATTY for suit. First CA did everything right as far as the FDCPA is concerned but failed to validate, just passed it off to other CA's. Now the ATTY did not in his inital letter to me include any sec. 809 (FDCPA) disclosures, except mini-mir. ATTY bought CC debt through a debt buying firm which he owns. But I had him on other violations. Went to court today. The good news is that won my case, even in front of a very creditor/CA friendly judge. I was ready, had all the little duckies in a nice neat row. One of my violations was sec 809. The judge dismissed my argument saying that since the very first CA included all required disclosures in its inital letter, all successive CA's including the ATTY DID NOT have to include the 809 disclosures. I was stunned. I asked the judge, "by your logic if the first CA fails to follow the FDCPA in any way, then I can name all successive CA in suit." He said yes. He went on to day that Agency Law applies in that case. This was only a small claims judge, but I have a couple of suits pending against another CA, I am thinking of amending my filing to see what happens.
I was awarded $500 plus court costs. Plus atty had to agree not to sell account to another CA. I had him on so many violations. But $500 was good. I was so scared, this was my first lawsuit. I practiced in front of my DW for a week, drove her nuts. Plus I sat in on several court sessions in front of this judge to see what he was like. The first thing he did was send people to mediation, if that did not settle the case, he would act pissed off. But I was ready. From start to finish it took about 15 mins and I got my ruling a week later.
