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I have this collection agency, Bonded Collectors, Inc, they reside in Flordia and I reside in California. How do I sue them in small claims court, Do I file a claim here or in Flordia?

This is what they have done:

1) They re-aged my old debt and place it on my credit report. This old expired debt was removed on 02-2002, they re-aged it and placed it back on my credit report 04-2002. Tricky eh?

2) I wrote them a validation letter and a letter stating that this debt is seven years old and passed the SOL, and I will never pay this.

3) They wrote back stating that his account has been canceled and return to the creditor and removed from our files. They also stated they will remove the negative mark from all three CRA's. I have this letter.

4) I wrote to Trans union and Equifax, dipsuting Bonded Collectors claim, this time they came back saying Bonded has verifified this debt.

5)I sent them this letter from bonded to the CRA's, and they removed Bonded Collectors claim.

6) Now as of today, Equifax has place this back in my file stating that Bonded Collectors claims that I have paid this account in full, which I never did. I disputed this today and Equifax told me to fax over the letter from Bonded.

Ok, I am sick and tired of Bonded Collectors. I want them to pay for doing this on purpose becuase they bought old expired debt that I will never pay. I can probably sue Equifax too, but I want to see if they remove the negative statement first. This is like the second time Equifax has inserted this file. Lets see if they write me telling me they re-inserted this negative file.

Anyway, this got to long, sorry.

Any suggestions would help.

Thanks

Cquick11

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<blockquote>Originally posted by cquick11

I have this collection agency, Bonded Collectors, Inc, they reside in Flordia and I reside in California. How do I sue them in small claims court, Do I file a claim here or in Flordia?

You will need to file a small claims suit in the state in which the collectors reside.

<blockquote>

6) Now as of today, Equifax has place this back in my file stating that Bonded Collectors claims that I have paid this account in full, which I never did. I disputed this today and Equifax told me to fax over the letter from Bonded.

Ok, I am sick and tired of Bonded Collectors. I want them to pay for doing this on purpose becuase they bought old expired debt that I will never pay. I can probably sue Equifax too, but I want to see if they remove the negative statement first. This is like the second time Equifax has inserted this file. Lets see if they write me telling me they re-inserted this negative file.

Yes, if Equifax doesn't write you of the reinsertion, then you will have grounds for suit, and they have a local office in almost every major city in America, so you can sue them from California. I'd fax them over the letter again, in the meantime, to see what happens.

I'd blow off suing the collection agency at the moment, as you would have to sue them in Florida which is inconvenient, obviously. See what you can do with Equifax.

[Edit by admin on Monday, June 10, 2002 @ 10:09 AM]

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<blockquote>Originally posted by admin

<blockquote>Originally posted by cquick11

I have this collection agency, Bonded Collectors, Inc, they reside in Flordia and I reside in California. How do I sue them in small claims court, Do I file a claim here or in Flordia?

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Zappa,

I think I am right. From Nolo.com:

http://www.nolo.com/lawcenter/ency/article.cfm/objectid/4DB7013C-0A71-481F-836AB0FB247DB508/catID/D80CF756-DBF6-432D-B625E7D1A29183D0#461F8409-B124-4593-972CB9F20F15426B

Where should I file my small claims lawsuit?

Assuming the other party lives or does business in your state, rules normally require that you sue in the small claims court district closest to that person's residence or headquarters. In some instances, you also may be able to sue in the location (court district) where a contract was signed or a personal injury occurred (such as an auto accident). Check with your small claims clerk for detailed rules.

If a defendant has no contact with your state, you'll generally have to sue in the state where the defendant lives or does business. Because of the distance involved, out-of-state small claims lawsuits tend to be expensive and unwieldy.

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How about in the case of a CA who has a collection bond on file with a particular State and also maintians a registered agent within that State?

Example: Screw-U-Over collection agency is a national company incorporated in DE and has is headquatered in FL. Screw-U-Over put up a $ 5,000 bond to do collection activities in the State of NJ and also maintains a registered agent in NJ.

Could Screw-U-Over be sued in one of the NJ Small Claims Courts for FDCPA violations? The above relationship with the State of NJ, i.e. the CA bond and the registered agent seems to meet the "doing business within the State" qualification. What do you think? Opinons anyone?

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This is a very complicated area of the law called "jurisdiction". Generally, though, an out-of-state CA that contacts an in state resident by phone and/or mail might be said to be "transacting business" in the consumer's state so that the CA can be sued there. Application of these rules is very fact intensive so it would be smart to contact a lawyer for advice.

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Also, most CAs are required to get a "license to conduct business" in your state. I would see that as having 'contact in your state'. Small claims is $25 or whatever. If you filed locally and it wasn't permissible the case would be dismissed. Personally, if I was mad enough, I would file locally and see what the judge says! :D

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  • 3 weeks later...

I should have gone to law school instead of engineering school so to understand the law gibberish. When I appeared in pre-trial, for what I know is a bogus Discover Card, I told the judge that the CA had not notified me of any debt I owed Discover Bank. Furthermore I told him that after I sent them a letter requesting a debt validation, 30 days, and a second letter I received exactly nothing from the CA. My attorney filed a request through the court for debt validation from the CA and original Plaintiff to appear at a deposition here in my county. They did not show, nor did they send the requested documents.

When I appeared in court the judge ruled that the Plaintiff must appear present discovery, interrogatories and witnesses!! Of course, I didn’t understand a word he said – merely nodding like I understood.

The court then issued to the Plaintiff a certificate of nonappearance after reasonable period of time to appear (by law) I hope this is the end of that lawsuit against me! While it cost me to hire the attorney, who wondered why I would need a lawyer in this case, he now understands why I did. Still don’t understand what is going on but it seems like I may be in the clear. I don’t think these sleaze bags can prove I, this person, signed an agreement or used a Discover Card, or even had ever seen a Discover Card with my own eyes during my life time. Hopefully this is what will happen. Given some of the big shots in the news getting away with billions I feel like an ant about to be squashed by a jackboot!

I will now file a lawsuit against all the trial of Plaintiffs in Superior Court for the customary $1,000 damages, some more thousands of bucks for defamation of character. AND, after I soon attempt to secure a small business loan for bigger bucks -- that will also be damages that hopefully will pay off my lawyer -- then that may help me get over all the misery these scumbags have caused my wife and me.

[Edit by jeffbeish on Sunday, July 7, 2002 @ 10:01 AM]

[Edit by jeffbeish on Sunday, July 7, 2002 @ 10:02 AM]

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I'm suing 3 CAs. I live in California and it doesn't matter. It's small claims court, though. I haven't had any problems so far. They all have agents for service of process here, too. But that doesn't matter. They did not violate just California law, but Federal. I had to file at the court closest to my house. I was told to go downtown and that was wrong. I don't know where you live, but I think it doesn't matter. I'll let you know what happens. It's been just a week since I sent it. When they find out they've been sued it should be about a week until they cave in. I've already gotten the deletions, but it's only because I sued them or told them I was about to sue them. It shouldn't have taken all of that. I lost out on 2 apartments and a credit card because of them. And some of them are STILL lying to me. That's one thing I can't take: being lied to.

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jordan,

At what point did you get the deletions? I'm also in California and have had 7 validations with no responses and 2 others I got partial validations from.

Those 2 have received 15 day letters from me and I'm wondering if I should send them a 48-hour letter next with an "intent to sue" statement in it.

It really burns me that they don't respond to me, but the CRAs somehow "magically" get verification.

I got

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After I faxed the validation letters, I let the 30 days go by. Then I checked my reports and noted if they updated or reported it as in dispute. Then I sent a letter a few days later "reminding: them that they didn't delete yet. Then a week or two later if they didn't I sent another. If I didn't get a deletion then, I sent an intent to file suit-or a settlement letter, if you will. The point of that is in California small claims you have to say whether you asked for payment or not before filing a case. Each letter is sent to someone of increasing importance. Manager, vice president, CEO, Legal Department... If it gets to the top, as in some of my cases have, the CEO is PISSED that it has gotten that far and I get a deletion PRONTO. The end of the settlement letter asks for deletion, a copy of the deletion for my records, promise to cease collection efforts permanently and a grand or two.

[Edit by jordanmorganusa on Sunday, July 7, 2002 @ 08:51 PM]

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  • 3 weeks later...

I have two paid collections with J.J. MacIntyre and my roommate has one. I tried disputing them with the CRAs, and had no luck there, so I sent validation letters and got no response. Sent another letter (with a copy of the first letter and a copy of the RR) telling them that as they had failed to validate, if they didn't remove the items from the CRAs, i was going to sue. No response. I just got new reports from all three CRAs, and what a surprise, all three collection accounts are still on there.

In the meantime, I was disputing other stuff with the CRAs, so I got copies of all three bureaus for both of us, and gee, guess what, J.J. MacIntyre did not report to the bureaus that the accounts were in dispute. (As an aside, here is another thing -- on the reports I got before I sent validation letters, all three accounts are shown as being "last reported" a couple of years ago, yet there is a notation that the account was disputed and then resolved in April. So how did it get resolved if they didn't report?) The question is this: can I sue them for each violation with each bureau? [3 accounts x 3 bureaus (they didn't report the accounts as in dispute) x $1,000] + [3 accounts x 3 bureaus (they continued to report after failing to validate) x $1,000] = $18,000 :boggle: Woohoo! That would pay off all my bills and then some :D Or is it more like I can only sue them for $1000 for the whole shebang? I find it amusing that the original bills only totalled about $300, and whichever way it works out, I am going to see to it that it certainly wasn't worth it to them.

The other question I have is, as long as they have an office in my state (California), does it matter which county I sue in? The bills were incurred in Orange County, I live in Orange County, and J.J. MacIntyre has an office in Orange County. The problem is that the office that is handling (or not handling, depending on how you look at it) these accounts is in Riverside County. Can I still sue in Orange County, or do I have to go to Riverside :eek: ?

If I win the $18,000 jackpot, the first thing I will do is make a fat contribution to this site; this place is worth Admin's weight in gold!

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I just wanted to let everyone know my little secret. I don't sue just for FDCPA violations. When they report information that they haven't validated or is otherwise incorrct for whatever reason to the CRAs, they are violating the FCRA as well. Check the state that you are in to see if they have their own debt collection practice laws. It's usually under their civil codes. In fact, in California, it states clearly that the financial "remedy" is PER VIOLATION. Hee hee hee. And one of the CAs that I am suing tried to offer me $800 for more than $5000 in violations. She didn't attmept to say that it was a wrong venue. It's your credit report that comes to you with your address on it. Sue them from your state. If they say that it is the wrong venue, then check to make sure they don't have an office close to your house. If they do, then sue them. They have to be registered or licensed to do business in any state, and you can find their agent for service of process on the Secretary of State's website. When they see that you are so serious as to sue them from wherever you have to, they will settle(hell, you can file the paperwork online or in the mail!). It costs them money to send someone(in California, the company can not have a lawyer represent them, so all they can do is send a reporesentative from the company), so you are basically a thorn in their side. Don't give up.

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Can you file more than one small claims suit against the same company at the same time? It just occurred to me that small claims limitation is $5000, and J.J MacIntyre owes me $18,000 ;) Can I sue them for violations on one account and separately for violations on a different account at the same time, do you think?

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It's my understanding that you can only sue for $5000 twice in a 12 month period, but mutiple times up to $2500. After 12 filings the fee goes from $20 to $35, but I think that's the only restriction.

Check out www.lasuperiorcourt.org

Also found info about California's take on the FDCPA/FCRA, but I forgot to bookmark it. When I find it I'll post it.

[Edit by smogtek on Tuesday, July 30, 2002 @ 05:22 PM]

PS Went to the clerk's office today and filed my very first small caliams suit! I will mail the paperwork to the sheriff tomorrow for service. The saga continues.

[Edit by smogtek on Tuesday, July 30, 2002 @ 05:27 PM]

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I would file it in unlimited civil for the $18,000. That way they see that you are serious and you can get it all over with in one day. Unless you let them know that you will sue them in small claims as much as necessary to get the $18,000 back.

Start here http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1788-1788.3 for the Rosenthal Fair Debt Collection Practices Act

The rest is at http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1785.25-1785.26

I'll post after court next Tuesday.

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Well, I was supposed to go to court today for the bogus Sears debt, but a “lawyer” for the CA called yesterday to ask for a continuance. I first said no, but then decided to talk with the judge via three-way phone and agreed for a later date. Since I am paranoid about these CAs I think I’ll just show up in court this morning and see if these sleaze bags set me up with more fraud and hope I am not there so they can have a judgment ruled against me. If the CA is playing a trick I will be prepared and will then file yet another lawsuit against them. It will be educational anyway since I have never been in a real trial before. Hey, I’m retired and my wife and I need to go to town for our weekly shopping run anyway. :)

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AAAAAAAAAARRRRRRRRRRRRGGGGGGHHHHHH!!!!!!!

Got my latest Equifax report yesterday(interesting timing, as I got my copy of "Good Credit is Sexy" yesterday as well ;) ). Looks like I am going to have to sue all the b*stards! Even though J.J. MacIntyre has completely ignored my requests for validation, "Equifax has verified that this item belongs to you" on both accounts. Plus that, I disputed two inquiries and they came back with "Inquiries are a factual record of file access, blah blah blah," which I take as a refusal to investigate.

It looks to me as though Equifax is liable to me for $4000 -- they refused to investigate two items, and they are reporting two items that I proved were not validated. Is this correct? Gee, now I can't wait to get my report from Experian, maybe they owe me $4000 too :p

Looks like I am going to have to spend a whole day down at the small claims court sueing everyone in sight. Right now I am mad enough that I don't want to settle for just a deletion, I want every penny I can get from these *!%&s (words fail me, I can't think of a strong enough name to call them that I can actually use here without offending anyone).

Can you say "CHA-CHING"?

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Do what I did. When you go down there, get a whole bunch of blank small claims forms. Then you can cut down on the time that you are there. When you file as many as I have, you'll learn what to write quickly. Just to let everyone know, I settled with one of the CAs yesterday. I sued them for $2,000 and we settled for $1,000 and my court costs. He's going to fax me the settlement today and AFTER I get my check I'm going to drop the charges. One of the remaining 2(Genesis Financial) tried to settle a $5000 case for $800 last week! Then the second of them tried to offer me $150. And she was a lawyer! I told them both that I would see them in court. I'll keep you posted. Don't be discouraged. You CAN do it. I have.

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I went to the California Secretary of State website to find Agents for Service of Process for TU, Experian and Equifax, and there are a whole bunch of companies with similar names. I can't figure out which are the ones I actually want. Does anyone know the correct full company names for these guys, or even better, their agents for service of process in California?

Another thing is the venue. It says here on the instructions for small claims that the suit has to be filed in the judicial district where the business has its principal place of business. If the business is based in Texas or Georgia, how do I determine where their principal place of business is in California? It also says that if the defendant was a corporation, it can be filed in the district where the contract was breached. Can I just file in the district where I live under the argument that they broke the law in this district by not responding, or what? At this point, I am willing to go anywhere in California to file suit, but it would sure be nice to be able to do it close to home.

Any of you folks who have actually sued the CRAs in small claims, how did you go about determining the correct venue?

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When I went to file the clerk had a chart with zip codes. He asked for mine and determined the venue.

Try this:

1. go to lasuperiorcourt.org

2. click on small claims or

3. California State Judicial Council's web site or

4. click on forms

This should give you the info you need.

On the SC-100 form, item #4, use the letter "B" and then the zip code where you get your mail (credit report). That is "where" you were "damaged".

This is how I did it on Tuesday and I'm scheduled for court Oct 15.

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Ok, yes, I already went to the Orange County Superior Court site and downloaded and printed the form I need, I just couldn't figure out how to determine the venue. Thanks, Smogtek, that helps a lot.

Now, who knows how to sue one of the CRAs in California? :p Anybody got a registered agent for any of them? I think I found what I need for Experian, but I am at a complete loss for the other two. At the Secretary of State's site, I did find Equifax Credit Information Services, Inc., with an Agent for Service of Process, but it says here that Equifax's status is "surrender." What the hell does that mean? If I sue them, they'll just surrender? LOL, don't we all wish?

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