Anonymous Posted February 12, 2003 Report Share Posted February 12, 2003 Compossed my final letter to CA. Nervous about sending it. Does anyone know of a lawyer in Calif. that is knowledgable in collection law, that I could have look at it first? As I see it they have many violations of the Calif. FDCPA and Federal including threatening to file suit (last Sept.) for time-barred medical collections. No suit filed as of yet. Asked for validation last June, set computer print outs end of Oct. Link to comment Share on other sites More sharing options...
IronMan Posted February 20, 2003 Report Share Posted February 20, 2003 What's to be nervous about?? Don't take offense to this, but they may have sensed some sort of apprehension in your letter.You've got them dead-to-rights here.You have adequate proof of their flagrant violations. Sue their asses and construct damages such as loss of good credit privledges, emotional stress, etc. The court can grant relief above the statutory $2500.00 as it deems reasonable.Here's a goody--California you say??? Well because they are a CA they are therefore an Assignee... Assignees CANNOT bring forth any action in Court in California.You've got good violations to leverage against the CA. But stick to debt validation first. You want to appear reasonable and as unsophisticated of a consumer as possible. If you've stated that you dispute the debt in the DV letter then they probably won't report it as disputed to the CRA which is another violation.As far as your DV letter, stick to the format presented or buy the 3in1 CD with the sample letters. It's a good resource to start from. I modified the DV letter to fit what I thought was more comprehensive for my purposes, but it's an excellent resource on it's own.Good Luck![Edit by IronMan on Wednesday, February 19, 2003 @ 11:52 PM] Link to comment Share on other sites More sharing options...
calawyer Posted February 20, 2003 Report Share Posted February 20, 2003 Ironman:Why do you believe that an assignee may not sue in California? Link to comment Share on other sites More sharing options...
retmar Posted February 21, 2003 Report Share Posted February 21, 2003 California Code of Civil Procedure 116.420(a):"No claim shall be filed or maintained in small claims court by the assignee of the claim."There is more to the section as to who can, etc. Link to comment Share on other sites More sharing options...
calawyer Posted February 21, 2003 Report Share Posted February 21, 2003 I thought he might be referring to small claims actions. It just seemed that he was attempting to state a broader rule. Link to comment Share on other sites More sharing options...
Anonymous Posted February 21, 2003 Author Report Share Posted February 21, 2003 Ironman,How many times have your sued a CA? What was the results?Actually, I do not believe they could feel I am nervous about anything, my letters are strongly worded. I have not threated a lawsuit, although they have. I have documented everything. In this last letter I propose a settlement offer for their multiple violations. A check from Big Bad CA to !cj! in the amount of $5,000.00, I am aware that an assignee can not take me to small claims court, but there are other courts. Link to comment Share on other sites More sharing options...
IronMan Posted February 21, 2003 Report Share Posted February 21, 2003 Good questions. Thanks Retmar! I've been there and got dismissals twice on that authority alone!CALawyer - Sorry for the ambiguity... shoulda qualified that one.For !CJ!-It's amazing how these knucklehead atty's (CALawyer EXCLUDED) get their crap filed by the court! All I do is pull the "Assignee of Record"; type up my Motion to Dismiss with prayer for court costs and reimbursement for lost time at work with statement from my boss; and bam; dismissed! I shouldn't even have to make that effort since it's plainly stated in law.My case history --- 2 cases dismissed under 116.420, 3 times dismissed stale debts, 3 times sued CA's under Calif. DCPA in Superior Court, 3 out-of-court settlements for FDCPA / FCRA, and recently succeeded in vacating a 10 year old judgment, prayer for and got $22,500 damages due to the hit on my interest rate and the headaches caused for my mortgage. That was a rough one! But I did it. --- ALL OF THIS WAS PRO SE! A little guidance from a good ESQ friend helped on this one, but I did 90% of the footwork. All of this within 3 years! Also succeeded in removing same items of my credit reports and squashing the resell reinserts. This stuff's easy once you understand it. It's amazing how many people are manipulated by this damn system. I honestly believe that fed. taxes work in much the same way, misdirection-reliance on ignorance. Try to find a TRUE definition of "Income" in the Fed Tax Code and who is really liable for "Income Tax".Wish I didn't have to deal with this credit crap in the first place, but we all make mistakes when we're younger. Just ain't fair to have that baggage weighing you down when you've rehab'd yourself financially and start over. I decided to fight. I guess the postive is that my score's gone up and I got an education out of it. Now I can help others.Cheers!Remember: The more educated a society is, the harder it is to control. I wonder why education system is always underfunded?[Edit by IronMan on Monday, February 24, 2003 @ 12:05 AM] Link to comment Share on other sites More sharing options...
calawyer Posted February 21, 2003 Report Share Posted February 21, 2003 Wow. Very impressive. Link to comment Share on other sites More sharing options...
IronMan Posted February 23, 2003 Report Share Posted February 23, 2003 Thanks! Coming from a practicing, licensed professional, I'm flattered. Although I'm not really proud of it since it all resulted from bad things happening and my livlihood was dependent on it. I wish it never had to happen. But I suppose some things happen for a reason. At the very least, I hope my contributions here able to help others.I should have been a litigator instead of a computer geek! That's what my friend keeps hinting to me. He's a Calif. Atty too. I may just do that since Microsoft's Bull-Puckey is really starting to burn me out thesedays.Cause' of my successes, my friend starting to dabble in this stuff now even though he does Crim / I.N.S., Federal stuff. He got a kick out of proof-reading and editing my court briefs for my judgment fight. I hope I didn't help create more of a monster!!! Thanks again CAL.Cheers! Link to comment Share on other sites More sharing options...
calawyer Posted February 23, 2003 Report Share Posted February 23, 2003 If he really is interested, tell him to join NACA. It is a great organization and he will learn lots about consumer law. Link to comment Share on other sites More sharing options...
admin Posted February 24, 2003 Report Share Posted February 24, 2003 IronMan,I am so impressed! Wow. I will be hanging on your (along with calawyer's) every word from now on when you post!I'm so glad you decided to contribute to this board.Kristy Link to comment Share on other sites More sharing options...
IronMan Posted February 24, 2003 Report Share Posted February 24, 2003 Thanks for the kudos! :soppy:THANK YOU for keeping this site going!!Cheers! Link to comment Share on other sites More sharing options...
IronMan Posted February 24, 2003 Report Share Posted February 24, 2003 I had to change the 3 times sued in Superior Court for FDCPA violations to Calif. Debt Collections Practices Act.- actually called the Rosenthal Fair Debt Collection Practices Act (Cal Civ Code 1788). That was a late night on that post!There's also the Consumer Credit Reporting Agencies Act (Cal Civ Code 1785).Cheers![Edit by IronMan on Monday, February 24, 2003 @ 12:12 AM] Link to comment Share on other sites More sharing options...
Anonymous Posted March 16, 2003 Author Report Share Posted March 16, 2003 Sent the demand letter to CA, they signed for it on the 13th, in it I gave them 15 days to settle. Also in this letter I wrote "this is your noticication that you are to stop communicating with me on these accounts. [The Federal Debt Collection Practices Act, 15 USC section 1692c©, requires that you honor this request.]" among other things I requested $5,000 and copy of UDF deleting collection accounts from all CRA. There are violations of both the Calif. and Fed. FDPA. The same day they received my demand for settlement, they sent me a Final Demand for payment, giving me six days to pay. (Ingnoring my notification of no future communication on these accounts.) These alleged accounts per computer screen printouts sent to me by them are from July and August 1996. I've notified them three times all CRRR that these accounts are time barred. They obviously think they are above the law. Ready to file lawsuit. Any suggestions? Does anyone know of a good lawyer in mid-state Calif.? Do you suggest filing my own lawsuit? Link to comment Share on other sites More sharing options...
Anonymous Posted March 18, 2003 Author Report Share Posted March 18, 2003 This one has me waiting with anticipation as I too have a two medical bills past SOL that I'm going to attack. Still in combat with the CA & Attorney in my case. Thought I posted an update on that case in the small claims thread but don't know where it went. Got letter from Attorney offering settlement close to what the CA originally wanted before filing summons on me. Only problem they stepped into now that they tried to validate with motion is that two of the 3 collections aren't mine! I have 20 days to respond to this which is up soon and I'll make sure they drop the whole thing and remove from credit or I'll be opening a new counterclaim in federal court for the various violations. Link to comment Share on other sites More sharing options...
Anonymous Posted March 19, 2003 Author Report Share Posted March 19, 2003 Received another final demand, dated the 14th and its pink. Does anyone know the website to file complaint with FTC for FDCPA violations? Link to comment Share on other sites More sharing options...
calawyer Posted March 19, 2003 Report Share Posted March 19, 2003 https://rn.ftc.gov/dod/wsolcq$.startup?Z_ORG_CODE=PU01 Link to comment Share on other sites More sharing options...
Anonymous Posted March 19, 2003 Author Report Share Posted March 19, 2003 Thanks CALAWYER. Link to comment Share on other sites More sharing options...
Anonymous Posted March 22, 2003 Author Report Share Posted March 22, 2003 When I got home from work Wed. night, my DH informs me that XX CA phoned while I was gone. She asked for me, DH took down her name and who she was with. She then tried to talk to him, (knew his name). DH told her you have been told all communication is to be in writing, as he was hanging up she was saying yes I know but... Are these CA really that mislead? Do they think they are above the law? I had even pointed out to them specific parts of the law they were breaking. Yet, letters and now phone calls. I guess they just want to send me a great big check. Link to comment Share on other sites More sharing options...
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