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About to send an ITS to a CA....need help!!!


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I've been dealing with a particular CA and I need some advice on how to proceed:

1. I've sent validation letters in May and July.

2. CA verified 3 times without validating with me

3. Received a letter from CA stating that they were marking account in dispute status and would stop active collection efforts

4. They've verified since sending me this letter

5. They are not licensed/bonded in my state -- requirement

6. The DOLA is 12/2000 and SOL in my state is 6 years

7. This TL is still on my report and in a permanent dispute status.

I'm going to send the small claims paperwork for a suit claiming FCRA/FDCPA violations to the CA with 5 days to settlement or I file them.

Am I on the right track?

Am I risking a suit and having them valiate when I go to court -- it's a sizeable amount ($4,000). This is the maximum amount I can sue them for in small claims here.

Whew...that was a mouthful.

Thanks! I'm kind of desperate, so ANY information/enlightenment you can expound would be most appreciated.

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It is very possible they would. True, your defense would be that it must be a complete validation. Also, your proof that they are not licensed in your State would be a defense. At the same time, they could hire an attorney or another CA to take over and make it legal. Also, they may fold when they receive your claim. So be sure you are prepared for this. I must ask if you have ever notified them of their violations, license, etc. If not, you should before you file. This builds credibility on your part as you tried to solve the problem before going to court. You don't want to run into court w/o having all of your i's dotted and t's crossed. So be sure you have done everything possible to solve the problem before you proceed.

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Thanks for the good wishes and advice.

I just faxed over an ITS that gives them 72 hours to delete or that I file. In it, I note most of the violations as well as the bonding and licensing issue that this collector faces.

I'm taking a gamble, but I know they've definitely not followed the FCRA and FDCPA. I guess I'm just feeling lucky today :D

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Good luck. Be sure to keep us informed. Even though we all agree with you as to the violations, none of us want you to get the "shaft" either. That is why I said what I did. So, while you are waiting for their response, you need to get all of your info, proof, complaint, prayer, and even find some case law that coincides with your problem. You can find different ones at the FTC site along with other sites that display cases. The case law can come in handy so as to back you up as to your rights.

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