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RE: [tips_and_tricks] Ready to sue collection agency??

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  • 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 1 of 10 , Mar 29, 2004
      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 2 of 10 , Mar 29, 2004

        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 3 of 10 , Mar 31, 2004
          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 4 of 10 , Apr 2, 2004

            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 5 of 10 , Apr 2, 2004
              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 6 of 10 , Apr 4, 2004
                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 7 of 10 , Apr 8, 2004
                  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 8 of 10 , May 21 11:09 AM
                    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 9 of 10 , May 25 9:10 AM
                      Please send me validaiton of debt package. Need it for student loans I am trying to get rid of.
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