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Ready to sue collection agency??

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  • jhooper@buehlermotor.com
    Hi all, I am (almost) ready to sue a collection agency in small claims court for harassment and violations of the FDCPA. I sent a letter requesting validation
    Message 1 of 10 , Mar 28, 2004
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      Hi all,

      I am (almost) ready to sue a collection agency in small claims court for
      harassment and violations of the FDCPA. I sent a letter requesting
      validation of the debt, they received it the 23rd of Feb. The 28th, I
      started getting calls from them.
      Assuming that each call is worth $1000 in a lawsuit, also another $1000
      for not performing the validation, I am looking at a max of $4000 in small
      claims court here in NC, even though though I have more than that in
      penalties. I don't mind...

      What I am asking for is maybe a template for small claims court action.
      What should I say, point out to the court... I believe my validation
      letter was proper:


      <NAME>
      <ADDRESS

      AlliedInterstate
      1979 Marcus Ave
      Lake Success, NY 11042


      Dear collector,

      I am writing in response to your letter dated 01-16-2004; I do not believe
      I owe, what you say I owe, in fact, I have never done business with you
      before.


      In accordance with Section 809, The Fair Debt Collection Practices Act, I
      request that you provide me, in writing, with the following:

      · What the debt you believe I owe is for;
      · Explain and detail how you calculate, what you believe I owe,
      including account start/end dates, payment history, and any other relevant
      information pertaining to this account;
      · Provide me a copy of all documents that show I agreed to pay what you
      believe I owe;

      I demand that you immediately send a copy of this letter to the company
      that you believe I owe money to, so they are aware of my dispute, of this
      alleged debt.


      If you have reported this alleged debt to a credit reporting agency, you
      must inform them that I have placed this alleged debt in dispute, and also
      provide me with proof that you have done so, and demand the names and
      addresses of the companies you have reported to.


      Finally, do not contact me about this, or any other matter, except by mail;
      Then only to furnish the information I have requested, give notice of your
      intent to terminate this matter, or provide notice that you or the creditor
      are taking specific actions (such as pursuing court actions.)





      <NAME>





      They have not replied, and they continued collections after receiving
      this on the 23rd of Feb. They started collection calls on the 28th, the
      third time they called, they said I wasn't going to pay, and wanted to
      settle. I said everything I have to say is in my letter, and she wanted to
      know what it was about. I asked isn't it in my file? I told her that I
      was disputing this debt, and asked they NOT call me, do everything throught
      the mail, and validate this debt. I received another call from them a
      couple days later (automated)... Since it has been 35 days since they
      received my letter, I will wait another week before starting anything, just
      in case the mail is slow. I don't believe they will validate, though.


      Any advice/tips/tricks would be most appreciated. I have nothing against
      reading/learning on my own, but experience is better : )


      Thanks to you all!!





      Jamison
    • gary
      If you are suing under the federal FDCPA, you can only get $1000 TOTAL for the case, not $1000 per violation, at least that is the limit for statutory damages
      Message 2 of 10 , Mar 29, 2004
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        If you are suing under the federal FDCPA, you can only get $1000 TOTAL for
        the case, not $1000 per violation, at least that is the limit for statutory
        damages under the FDCPA. There is a possibility you could get actual
        damages if you could prove them and maybe punitive damages if you could
        prove the violations were absolutely outrageous (not just regular collection
        calls or letters). Also, unless your state has the equivalent of the FDCPA,
        I don't think a state small claims court has jurisdiction. Why not sue
        under the FDCPA in federal district court, that way they can't even use the
        alleged debt as a counterclaim?

        Gary

        -----Original Message-----
        From: jhooper@... [mailto:jhooper@...]
        Sent: Sunday, March 28, 2004 9:42 PM
        To: tips_and_tricks@yahoogroups.com
        Subject: [tips_and_tricks] Ready to sue collection agency??

        Hi all,

        I am (almost) ready to sue a collection agency in small claims court for
        harassment and violations of the FDCPA. I sent a letter requesting
        validation of the debt, they received it the 23rd of Feb. The 28th, I
        started getting calls from them.
        Assuming that each call is worth $1000 in a lawsuit, also another $1000
        for not performing the validation, I am looking at a max of $4000 in small
        claims court here in NC, even though though I have more than that in
        penalties. I don't mind...

        What I am asking for is maybe a template for small claims court action.
        What should I say, point out to the court... I believe my validation
        letter was proper:
      • Bob
        This site has some great templates. http://www.creditinfocenter.com/creditreports/CreditBureauContactInfohtm.shtml Does anyone know if I can use the FDCPA for
        Message 3 of 10 , Mar 29, 2004
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          This site has some great templates. http://www.creditinfocenter.com/creditreports/CreditBureauContactInfohtm.shtml

           

          Does anyone know if I can use the FDCPA for an equipment lease I got for my company, a dba. When I mentioned the FDCPA the debt collector laughed and said it didn't apply in my situation. He has called my employees and told them that I don't pay my bills, That I am un professional etc. He refuses to validate the loan and threatens me with civil action as well as destroying my credit along with my co signer.....

          thanks,

          moviebob


        • sandra YORK
          MY HUSBAND AND I FEEL WE HAVE BEEN RIPPED OFF BY A LOAN COMPANY ALSO. GRANTED WE ARE SERIOUSLY BEHIND IN PAYMENTS. I CALLED AND TRY TO MAKE ARRANGEMENTS TO PAY
          Message 4 of 10 , Mar 31, 2004
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            MY HUSBAND AND I FEEL WE HAVE BEEN RIPPED OFF BY A LOAN COMPANY ALSO. GRANTED WE ARE SERIOUSLY BEHIND IN PAYMENTS. I CALLED AND TRY TO MAKE ARRANGEMENTS TO PAY OFF THE DEBT APRIL 1 BUT THE OFFICE MANAGER REFUSED. SO I WROTE HER SUPERIOR AND HE AGREED THAT WE COULD PAY IT OF BUT THEN THEY TACKED ON ATTORNEYS FEES MAKING THE DEBT $200 MORE AND I DON'T HAVE THAT MUCH COMING IN AT THE FIRST OF THE MONTH. IF I PAY THEM THE FULL AMOUNT OF THE DEBT THEY ARE GOING TO TAKE ATTORNEY FEES OFF THE TOP, SO I'LL STILL OWE THEM MORE MONEY. I DRAW A DISABILITY CHECK EACH MONTH. I WAS INFORMAED THAT A FINANCE COMPANY CAN'T FORCE A DISABLED PERSON TO PAY MORE THAN IS DUE OR SOMETHING ALONG THOSE LINES. CAN YOU ADVISE ME ON THE MATTER? I LIVE IN KENTUCKY.I HAVE ALSO BEEN TOLD IF A PERSON OFFERS TO PAY OFF A DEBT AND IS REFUSED THE LOAN CO. CAN'T CLAIM THAT YOU OWE A THING BECAUSE THEY TURNED DOWN YOUR OFFER TO MAKE PAYMENT. IS THIS ALSO TRUE? ANYWAY INFO YOU CAN PROVIDE WILL BE GREATLY APPRECIATED.
            THANK YOU,
            SANDRA YORK


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          • Christopher Dilts
            Hello Yes as long as it is a collection agency activite then yes. I think the law is if 20 % of a companys or attorneys business is collections then the Fair
            Message 5 of 10 , Apr 2 10:41 AM
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              Hello

              Yes as long as it is a collection agency activite then yes. I think the law is if 20 % of a companys or attorneys business is collections then the Fair Debt Practice Act applies. You may also want to check your state version of the Fair Debt Practice Act it may applie if the Federal does not. I know for a fact that those actions you desricbe are a violation of federal and most likely state. You may also want to look at states statues dealing with loans, unfair business , etc. You most likely also have a tort that you can file against him for interfering with your business.

              Good Luck

              God Bless and Live Free in Christ

              Jamie

              >From: Bob <moviebob91601@...>
              >Reply-To: tips_and_tricks@yahoogroups.com
              >To: tips_and_tricks@yahoogroups.com
              >Subject: Re: [tips_and_tricks] Ready to sue collection agency??
              >Date: Mon, 29 Mar 2004 22:04:53 -0800 (PST)
              >
              >
              >
              >This site has some great templates. http://www.creditinfocenter.com/creditreports/CreditBureauContactInfohtm.shtml
              >
              >
              >
              >Does anyone know if I can use the FDCPA for an equipment lease I got for my company, a dba. When I mentioned the FDCPA the debt collector laughed and said it didn't apply in my situation. He has called my employees and told them that I don't pay my bills, That I am un professional etc. He refuses to validate the loan and threatens me with civil action as well as destroying my credit along with my co signer.....
              >
              >thanks,
              >
              >moviebob
              >
              >


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            • gary
              The FDCPA applies to CONSUMER debt. Your debt is a business debt, you get no protection from the FDCPA. Gary ... From: Bob [mailto:moviebob91601@yahoo.com]
              Message 6 of 10 , Apr 2 2:27 PM
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                The FDCPA applies to CONSUMER debt.  Your debt is a business debt, you get no protection from the FDCPA.
                 
                Gary
                -----Original Message-----
                From: Bob [mailto:moviebob91601@...]
                Sent: Tuesday, March 30, 2004 1:05 AM
                To: tips_and_tricks@yahoogroups.com
                Subject: Re: [tips_and_tricks] Ready to sue collection agency??


                This site has some great templates. http://www.creditinfocenter.com/creditreports/CreditBureauContactInfohtm.shtml

                 

                Does anyone know if I can use the FDCPA for an equipment lease I got for my company, a dba. When I mentioned the FDCPA the debt collector laughed and said it didn't apply in my situation. He has called my employees and told them that I don't pay my bills, That I am un professional etc. He refuses to validate the loan and threatens me with civil action as well as destroying my credit along with my co signer.....

                thanks,

                moviebob

              • Don Schwarz
                Sandra, Get the contract you signed and read it over with a fine tooth comb. Find any court cases from your state regarding the loan company or loans in
                Message 7 of 10 , Apr 4 1:43 PM
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                  Sandra,

                  Get the contract you signed and read it over with a fine tooth comb.

                  Find any court cases from your state regarding the loan company
                  or loans in general.

                  Sometimes, if you're making a good faith effort to pay, they can't bust
                  your chops.

                  Read the UCC code.




                  At 05:35 PM 3/31/04 -0800, you wrote:
                  >MY HUSBAND AND I FEEL WE HAVE BEEN RIPPED OFF BY A LOAN COMPANY ALSO.
                  >GRANTED WE ARE SERIOUSLY BEHIND IN PAYMENTS. I CALLED AND TRY TO MAKE
                  >ARRANGEMENTS TO PAY OFF THE DEBT APRIL 1 BUT THE OFFICE MANAGER REFUSED.
                  >SO I WROTE HER SUPERIOR AND HE AGREED THAT WE COULD PAY IT OF BUT THEN
                  >THEY TACKED ON ATTORNEYS FEES MAKING THE DEBT $200 MORE AND I DON'T HAVE
                  >THAT MUCH COMING IN AT THE FIRST OF THE MONTH. IF I PAY THEM THE FULL
                  >AMOUNT OF THE DEBT THEY ARE GOING TO TAKE ATTORNEY FEES OFF THE TOP, SO
                  >I'LL STILL OWE THEM MORE MONEY. I DRAW A DISABILITY CHECK EACH MONTH. I
                  >WAS INFORMAED THAT A FINANCE COMPANY CAN'T FORCE A DISABLED PERSON TO PAY
                  >MORE THAN IS DUE OR SOMETHING ALONG THOSE LINES. CAN YOU ADVISE ME ON THE
                  >MATTER? I LIVE IN KENTUCKY.I HAVE ALSO BEEN TOLD IF A PERSON OFFERS TO PAY
                  >OFF A DEBT AND IS REFUSED THE LOAN CO. CAN'T CLAIM THAT YOU OWE A THING
                  >BECAUSE THEY TURNED DOWN YOUR OFFER TO MAKE PAYMENT. IS THIS ALSO TRUE?
                  >ANYWAY INFO YOU CAN PROVIDE WILL BE GREATLY APPRECIATED.
                  >THANK YOU,
                  >SANDRA YORK
                • Dave Miner
                  Sandra -- You might also send to the credit card company a demand that they validate the debt. I work with a group that uses this approach. Over the past 5
                  Message 8 of 10 , Apr 8 1:28 PM
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                    Sandra --

                    You might also send to the credit card company a demand that they validate
                    the debt. I work with a group that uses this approach. Over the past 5
                    years, we have had credit card companies and collection agencies declare the
                    debt to be paid off as agreed regardless of the balance on the account,
                    clearing up credit reports in the process. We have had 100% success using
                    this approach.

                    Also, the "make an offer and they refuse" argument only holds true if you
                    offer to pay the entire debt according to the terms of the credit
                    agreement. Otherwise people could offer 10 cents on the dollar and get out
                    of the debt if the company declines. The argument won't hold up in court
                    unless you offer to pay the entire debt according to the terms.

                    Yours in freedom,

                    Dave Miner
                    www.FreedomSite.net


                    > At 05:35 PM 3/31/04 -0800, you wrote:
                    > >MY HUSBAND AND I FEEL WE HAVE BEEN RIPPED OFF BY A LOAN COMPANY ALSO.
                    > >GRANTED WE ARE SERIOUSLY BEHIND IN PAYMENTS. I CALLED AND TRY TO MAKE
                    > >ARRANGEMENTS TO PAY OFF THE DEBT APRIL 1 BUT THE OFFICE MANAGER REFUSED.
                    > >SO I WROTE HER SUPERIOR AND HE AGREED THAT WE COULD PAY IT OF BUT THEN
                    > >THEY TACKED ON ATTORNEYS FEES MAKING THE DEBT $200 MORE AND I DON'T HAVE
                    > >THAT MUCH COMING IN AT THE FIRST OF THE MONTH. IF I PAY THEM THE FULL
                    > >AMOUNT OF THE DEBT THEY ARE GOING TO TAKE ATTORNEY FEES OFF THE TOP, SO
                    > >I'LL STILL OWE THEM MORE MONEY. I DRAW A DISABILITY CHECK EACH MONTH. I
                    > >WAS INFORMAED THAT A FINANCE COMPANY CAN'T FORCE A DISABLED PERSON TO PAY
                    > >MORE THAN IS DUE OR SOMETHING ALONG THOSE LINES. CAN YOU ADVISE ME ON THE
                    > >MATTER? I LIVE IN KENTUCKY.I HAVE ALSO BEEN TOLD IF A PERSON OFFERS TO
                    PAY
                    > >OFF A DEBT AND IS REFUSED THE LOAN CO. CAN'T CLAIM THAT YOU OWE A THING
                    > >BECAUSE THEY TURNED DOWN YOUR OFFER TO MAKE PAYMENT. IS THIS ALSO TRUE?
                    > >ANYWAY INFO YOU CAN PROVIDE WILL BE GREATLY APPRECIATED.
                    > >THANK YOU,
                    > >SANDRA YORK
                    >
                    >
                  • scott
                    Get ahold of James at, James Jorissen E-mail Address(es): equalizerfs@yahoo.com He is the expert here. Scott Williams Hi all, I am (almost) ready to sue a
                    Message 9 of 10 , May 21, 2004
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                      Get ahold of James at, James Jorissen
                      E-mail Address(es):
                      equalizerfs@...
                      He is the expert here.
                      Scott Williams

                      Hi all,

                      I am (almost) ready to sue a collection agency in small claims court for
                      harassment and violations of the FDCPA. I sent a letter requesting
                      validation of the debt, they received it the 23rd of Feb. The 28th, I
                      started getting calls from them.
                    • sufi202@aol.com
                      Please send me validaiton of debt package. Need it for student loans I am trying to get rid of.
                      Message 10 of 10 , May 25, 2004
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                        Please send me validaiton of debt package. Need it for student loans I am trying to get rid of.
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