Is there a thread with a start-end on how to sue CAs for violations?

[mdhayes4]

I searched for similar posts and scrolled through several pages on different boards but there's SO much info...so I apologize if this was answered recently.

I just had contact with a collection agency involving at least two violations and I'm all about suing them. I won't be hiring an attorney, so I was hoping there was a post on here (or a link) that is step-by-step on how to sue.

Just a quick background - a CA contacted my friend (who I'm assuming I used as a reference on a credit app) and left ME a message on her voicemail saying they were a process server and I had two hours to respond or I would be charged with failure to appear.

Thanks!

[antiquedave]

These consumer attorneys work on a contingency, they don't get paid unless they win, outside of using the violations as leverage in a collection suit where you are pro se I'm a believer in just giving it all over to the consumer attorney to do the heavy lifting and file the suit.

A number of people here have represented themselves in these actions against CO's but outside of the sport of it I don't know why you would want to put the extra time and effort into that. you're going to get roughly 1,000.00 if you have an attorney involved the CO pays more and you have an attorney versed in negotiating with them who might get your debt extinguished too

[Coltfan1972]

Originally Posted by antiquedave

A number of people here have represented themselves in these actions against CO's but outside of the sport of it I don't know why you would want to put the extra time and effort into that.

That's a lot of it, I admit.

[Marz]

Not to sound like a smart a$$ but exactly what are you looking for? Are you looking for a hierarchical viewpoint as it relates to debtor civil suits or are you looking for specific things and how to raise them??

[antiquedave]

Originally Posted by Coltfan1972

That's a lot of it, I admit.

I kinda knew that about you coltfan

I'm to the point now where I would think about doing it myself, but last year when I was in the middle of fighting off two lawsuits I was having enough trouble wrapping my head around all of the rules let alone trying to figure out how to do a separate lawsuit on an FDCPA violation.

I do like the idea of using an attorney because they have to pay the legal fees, and the attorney that has been suing collectors for me has been sending me more than the 1000.00 max that I could have gotten by myself.

[usagi555]

Originally Posted by Coltfan1972

That's a lot of it, I admit.

Well, that, and you are also asking the court to grant you relief in the form of the satisfaction of knowing that you kicked their butts and embarrassed them yourself.

[Coltfan1972]

Originally Posted by usagi555

Well, that, and you are also asking the court to grant you relief in the form of the satisfaction of knowing that you kicked their butts and embarrassed them yourself.

And you pretty much get anything you want from that point on.

I've gotten my way 100% of the time by simply attaching a docket sheet to a letter. I actually had a CA send me an apology letter promise they were closing the file and returning the account to the credit and sorry for any inconvience their letter might have caused me. Also, all trade lines had been immediately been requested, deleted.

All they sent was the routine first collection notice with no violations in the letter.

[usagi555]

Yeah, I'm starting to notice that when I bring up the fact that I was sued and I won, it tends to get their attention, and I haven't even been a Plaintiff yet. I think that it simply puts them on alert that I am not one of the unsophisticated consumers, and they don't like that.

And LOL on the docket sheet. I assume you're on Webrecon now?

[1stStep]

I know I am on Webrecon 5 times over...I just send the Webrecon printout to any CA or JDB that sends me something...

[Coltfan1972]

Originally Posted by usagi555

And LOL on the docket sheet.

Oh and I highlight the following on the three page docket sheet.

Defendant's motion to dismiss denied
Defendant's motion to dismiss amended complaint denied
Defendant's motion to dismiss 2nd amended complaint denied
Defendant's motion for summary judgment denied
Plaintiff's motion to dismiss Defendant's counterclaim granted



I went over to Inside Arm and asked the guy that runs webrecon if he needed my info and case number to add me. He replied back I was already on the list and had my case(s) info.

Always looking to help, that's me.