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jeajack21

CA wants to go to Circuit Court...

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I filed a small claims suit against a CA for violations of FDCPA and FCRA. I have a collection account on my CR that I do not feel nor believe is my said debt. The debt is for a supposed hospital bill for $70 and I just sent them a settlement offer and they declined by trying to said me a paper print out for verifaction. I attempted with a second settlement offer which included interest and they would not agree to removing it off of my CR and said that would put "Paid in Full". I then decided to stop being nice and send them a straight out validation letter. They continued to send me out this computer print out with my name, but not signature as well as continued to report to the CRA's and not put Disputed on CR. Also, they a letter to me requesting a picture of my identification and a copy of my signature card "so it wouldn't be as hard to copy it". On top of this, at the bottom of the letter it said "This is an attempt to collect a debt any information obtained will be used for that purpose."

They, the CA, sent in a letter to the Justice Court requesting this case to be moved to Circuit Court. The judge approved the motion and said out a letter to me telling me that I can now file a formal complaint with the Circuit Court, pay the regarding additional fee within the next 20 days from the date of mailing.

The attorney representing the CA contacted me today and said that he thought I had no case and that his client did not violate either the FDCPA or FCRA. He stated that they did validate this said debt. I stated that they did not. He asked did I receive any paperwork about the debt? I said, I only received a computer printout which did not have my signature on it and that it was not enough proof to validate. Because he has not filed in Circuit Court yet because he said it's very expensive and since I would lose I would have to pay attorney fee's, the bill, etc. He offered that he would remove the debt and said if they are willing to do that, I would be willing to dismiss this case. He then said, on your credit report would you like it to state "Paid in full"? I said, no I would like it completely expunged since I do not have any proof or knowledge that this is my said debt. He said it didn't believe that are allowed to expunge an item once it's been reported. I told him that was untrue and that if it was reported, it could be unreported/removed. He said he would contact the CA and let me know what happens. I said ok and that I look forward to hearing back from him within his earliest convience.

My question is, do you think I should except the above deal? Should I ask for partial monies because they are in violation for four sections (one of which I have a very hard case because the CA didn't report it as being disputed on my CR).

Any help or suggestions would be greatly appreciated. Oh, if I go to Circuit Court will I lose? Should I hire an attorney? What other fees do I have to pay?

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Had you tried contacting the billing department @ the hospital to see if it can be resolved with them, to review their records & if they agree with you have them notify the collection agency that they need to cease collections.

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That is the first thing that I did, was contact the hospital and they said that they have to records and my supposed said debt has been sold to a CA and that I would need to contact them.

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It seems to me that if you supposedly owed that debt with the hospital (which you don't), they would have something with your signature. Nowadays when I go and have anything medical done, I have to sign all kinds of crap. That's why they should have some kind of record other than a printout. Now that the hospital has no record and the CA supposedly does is no real proof. I think that attorney is BSing you to be scared enough to pay before going to court. All of that for a $70.00 charge that's questionable? What is the world coming to that a CA & attorney would go that distance to collect a small debt? I would go to court and fight for your rights!! I'm going through the same garbage because the CA's are hard-up rotten all the way. They are probably counting on you not showing up to get a judgement because that's the way CA's are doing their dirty deeds nowadays. The collection rate is higher for them. Just keep reading all the good info here (there's some good links) and get prepared. I wouldn't talk to the attorney on the phone, do everything in writing. I wouldn't admit to nothing, not even settling the debt because that admits it could be yours. Also, Ironman responded to my thread earlier about assignee of collectins can't take you to court anyway, only the OC. That's california civ. procedure code, I'm checking in my state for a similar code.

Good Luck!

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Well the CA is not taking me to court, they are just merely defending themselves from my small claims suit. I do agree with the fact that the lawyer is not wanting to lose in court and is trying to scare me into settling or dropping the case. Should I get a lawyer and go to circuit court? Where would I find a lawyer to represent me since the case has been pushed to Circuit Court? Will I win or should I try something else, because if I lose, I have to pay attorney fees, court fees, etc. Any help and/or suggestions would be great.

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Call your County Bar Association and ask for referrals. See if you can find an attorney willing to take the case on a contingency basis (ie the attorney gets a percentage of the recovery if she wins and nothing if she loses). This will tell you something about the strengths of your case.

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I would want to look over all of the paperwork before reaching a conclusion. That is why I suggest that you try to find a lawyer to do the case on a contingency fee basis. If an experienced attorney won't take the case on that basis, that will help you evaluate the merits of the case and will make the settlement decision easier.

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I think you need to ask yourself why you are doing this. Do you want a clean record, or to make money? A deletion is a win in my book. Remember, there is no such thing as a guaranteed win in court. I would take the deletion and walk away, but that is just me. If you want, I have a settlement agreement that I used several times, I can email it to you. No matter what you decide, good luck.

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