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Okay...dealing with a CA that has verified with the CRA. This was a phone order for some videos. I am assuming SOL is for oral contract (since no signed document), but correct me if I'm wrong!

SOL in Indy for oral is 5 years, making the SOL up on this debt in June this year!!! I was going to go throught debt validation, etc with this and try to negotiate that they remove...but since SOL is up on this, should I try something different here? This is unpaid, $49. They haven't attempted to collect in a while. So...any suggestions? Do I still go through DV with them, or do I just go straight to the "I know SOL is up, I'll pay something if you remove"?!?!

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<blockquote>Originally posted by lisak72

I'm thinking maybe a combo letter with DV and demanding deletion if they can't validate. Thoughts???

</blockquote>

I would demand the DV. If they validate I would get them on the Mini Maranda, a mistake for a mistake and they have to delete and settle,

...what do you think? :confused: :confused: :confused:

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Yeah...I'm thinking you're right. Just kind of like having somebody "verify" with me before I try to validate anything. I like getting some opinions before making a next move. Now that I've seen that the SOL is up, I'm feeling a little more confident about it. Plus...don't know what kind of validation they could possibly come up with anyway?! How do they validate other than a name and address...that's all they took when I called in to order...no ss#, no written anything....so what could they provide as validation?

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<blockquote>Originally posted by lisak72

Do I still go through DV with them, or do I just go straight to the "I know SOL is up, I'll pay something if you remove"?!?!</blockquote>

I would definitely talk with a lawyer before going this route. It's possible that by making an offer, you might extend the SOL. The courts might say that the SOL expired, but since you made an offer, it's a new contract. I'm no legal expert, by any shot, but I could see something like that happening...so, I'd get some advice from a pro first.

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Hey Brassfan...it's only $49, so I seriously doubt they would take me to court and I have no problem with paying it. It's one of those that I thought I took care of years ago, but I guess I didn't. Not negotiating for less amount, but just saying, hey, I know SOL is up...if I pay the $49, will you remove the TL? That's why I'm questioning this before I do anything.

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Hey, me too! It's just when you do it with somebody else, you can think of lots more than when you are trying to think everything out for yourself! It helps to have a sounding board like this to point out things you may have missed! Thanks ya'll!

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I think I have a decent chance at winning a lawsuit againt as collection agency that has 2 accounts on my credit report. I have never filed a lawsuit before so I need some help. I have seen people talk about filing a small claims lawsuit as well as filing a Federal lawsuit. Besides the "obvious" what is the difference and how do I go about filing for either one?

Here is my story and any suggestions on if you think I should sue (and if I should do either small claims court or federal). I had never received any correspondace from this CA (it is possible that they sent it but I have moved recently so it could have gotten lost although I did file a change of address and have gotten other mail from the old address). Anyway, I recently pulled my report and noticed the 2 accounts. I wrote a letter notifying the CA that I did not know these accounts were going unpaid and offered to pay in full if they would remove from the CRAs. They responded claiming that was illegal and immoral etc. So, I sent a DV letter via Certified Mail. I really just wanted to get the items off my report so I sent another letter telling them that I too was attempting to track down the information to "double check" the forthcoming validation information they were required to send me and offering to forgoe the validation if they would just agree to remove the accounts from the CRAs but if they would not agree to this then I still expected the validation information. They responded with a letter basically stating they were preparing a lawsuit and the only way to get them to stop would be to pay them. I faxed and sent back a letter notifying them that they were in violation of the FDCPA and that if they continued, I would file a lawsuit. I once again made them a final offer to pay in full for removal from the CRAs. They then sent back another letter saying they had received my fax (but I assume the mailed version crossed in the mail) and that they were going to proceed with a lawsuit etc. and to cease and desist contacting their office. To this date theyhave never attempted to send any validation information (not even a lame account printout or anything). After they received the validation letter, I disputed the items with the CRAs and found out that at least for Transunion, they verified it. The full 30 days isn't actually up until May 30th but I don't expect to get any validation so I would like to start preparing everything to file a lawsuit.

I was going to try to just contact the OC and request they pull the account to just work directly with me. But the wierd thing is, I can not find any information for the OC. In all the correspondence and credit report information, it only refers to the OC as "Western Anesthesia". As I said, I cannot find any info for this company (searched both my state's and national BBB, local phonebook, search engines on the Internet. etc) so I don't know if they still exist or ever really existed.

Am I correct that I have at least 2 violations of the FDCPA.

- One violation because they contacted me in an attempt to collect (it even has those words at the bottom of the letter) before validating the debt

- One violation for verifying it with at least one of the CRAs before validating

I have already filed complaints against the CA with the BBB, State Attorney General, and the FTC. So, should I also sue and in which court (small claims or federal).

Thanks,

Kory

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