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tj34994

Filing Suit Against FMS

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Ok, I'm ready to file suit against FMS. How do I know whom to file against, i.e., representative of the company etc. The letter I received from them was from some lady named Lisa Barnes, Financial Management Services, INC,(fka Bankfirst), Tulsa, OK. I've sent debt validation letter, 15 day letter, and also intent to sue letter. The only letter she sent me was 25 days ago stating, we are investigating and will let you know, but will place you in our dispute file. They continued to report to the CRA's even after dispute letters, and have not verified the debt. Isn't this a clear violation?

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It sure is!

I had to call the Secretary of State in Indiana and get the procecss agent. Most companies that do business across state lines have a process agent that goes to all their court hearings and what not for them.

I dont know if that is how you do it in your state but it is a way to start. After that ya go to small claims court I believe and sue them for each violation

1. Not listing as disputed $3000 (3 bureas x1000)

2) No validation $1000

go get em!!

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FMS is licensed here in FL also, but their main office is in OK. Maybe the BBB may have this or the Fl Dept of Banking and Finance. I shall check with them. Thanks. I had disputed the entry with the CRA's and they were showing as disputed, but FMS did not show on the CR as disputed and continued to report. So, is that 2 violations?

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You can't sue for $1000 per violation, it's $1000 (max) per action. One lawsuit is one action. Depending on what law, you'll need to look into the FDCPA, FCRA and FL collection laws (which I know you are doing)

Try sunbiz.org that's the FL business directory that also lists registered agents.

Oh also, check with Jordanmorganusa -if she ever comes back to us :( . She successfully sued CA's and she would know the right path.

[Edit by Swede on Monday, September 23, 2002 @ 08:27 AM]

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OK... so here is my question.

The company that has my hubbies car loan and pulled my credit..they did it under 2 different names, yet they are the same company. Is this one violation since they pulled my credit report..or is it 2? Since one company pulled 2 and the other pulled 1?

It's so confusing

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In California, you can sue under state law for $1000 for each violation.

The other thing you might want to look in to is dividing up your claims. Say somebody owes you money and you take them to small claims court. If they owe you $7000, you can't sue them for $5000 and then again for the other $2000, because it is all one claim. On the other hand, you may be able to divide up your suits against a CA or CRA, because it could be argued that each violation is a separate claim. That would work in California, but I don't know anything about Florida. Just a thought . . .

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Ok, here's an update. I just received a notice in the mail from FMS stating "we have received the information you requested and am forwarding this information CRRR. Now what? I guess I'm done if it's a signed copy of the original application. Then should I need to offer a settlement in exchange for removal of the collections???

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<blockquote>Originally posted by tj34994

Ok, here's an update. I just received a notice in the mail from FMS stating "we have received the information you requested and am forwarding this information CRRR. Now what? I guess I'm done if it's a signed copy of the original application. Then should I need to offer a settlement in exchange for removal of the collections???

</blockquote>

Uhm maybe I'm stupid but I don't get it. They sent you a CMRRR letter saying they received your request? Or they're saying they have sent you something else and you should expect it CMRRR?

The original app. doesn't prove that you currently owe them any money anyway, only a detailed accounting statement would show what's outstanding.

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They sent me a note/letter stating that they have forwarded "proof" that this is my account and have sent it CRRR. I thought by providing account info with my signature and history of the account would prove it's mine, doesn't it?

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No now wait someone correct me if i'm wrong but when i went to court a few wweks ago the Ca and Oc had with them signed contracts the judge siad that what he consdiered valadation was a complete account history. The ca and oc

didnot have that with them all they had was a signed contract so he ruled in my favor which was $$$$$ and a complete deletion from all credit reports forever.. So i think we may want to reconider what valadaition is is it a signed contract or a complete accounting history....

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You're both right and maybe I was confusing in my post, I meant that even though they have proved an account is yours with a signed contract, it doesn't show outstanding balance and both items are required. Life, you're absolutely right and this is what we were discussing in the old threads that contract and accounting statement constitutes validation. But one without the other doesn't prove that a)it's your account and B) that you owe money.

[Edit by Swede on Wednesday, September 25, 2002 @ 11:03 AM]

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Ok. I think I may have it :confused: They can send me a copy of the original contract with my signature, but without an actual accounting record showing outstanding balance, it doesn't prove that I owe the money? So, once I get the records that my original debt validation asked for, what then? I'm feeling very stupid here. Very confused!!

[Edit by tj34994 on Wednesday, September 25, 2002 @ 01:32 PM]

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Hi guys. Nice to know that I am missed. After what happened with the 3 CAs I sued, I've learned to keep a low profile. I am actually on vacation, but there are things brewing. I will fill you in on everything AFTER they are completed.

As far as the suits go, please document EVERYTHING that you do. Make sure that every minute you worked on the case is accounted for. Any fax that you paid for, any time you took off of work, the loan you didn't get, everything. Keep that on hand for negotation purposes and for the judge when(if) you get to court. It sounds anal retentive, but it will come out in your favor. Make sure to get everything in writing, and DO NOT BACK DOWN. You will come out victorious in the end, and there is an awful lot of help here on the board. Also, feel free to email me with any questions.

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<blockquote>Originally posted by jordanmorganusa

Hi guys. Nice to know that I am missed. </blockquote>

You most certainly are :) but we'll let you enjoy your vacation for now! Check in when you get back please.

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YEAHHHH! Jordan's back :D :D .

Hey, nice of you to drop a line to us.

Enjoy your vacation! Can't wait to hear what's been going on besides the win :).

Shhh...low profile.... :p

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