dbranch3 Posted January 15, 2005 Report Share Posted January 15, 2005 I just found in the colorado revised statues the COLORADO FAIR DEBT COLLECTION PRACTICES ACT AND COLORADO FAIR CREDIT REPORTING ACT WHICH WOULD BE BETTER TO USE IN SMALL CLAIMS FOR COLLECTION AGENCIES AND WHICH WOULD BE BETTER TO USE FOR CRAS, WHAT I MEAN IS FEDERAL OR STATE STATUES?THANKS DOUG Link to comment Share on other sites More sharing options...
DocDon Posted January 15, 2005 Report Share Posted January 15, 2005 Read the penalties. The civil liability is often higher with the FDCPA than with individual state collection laws, but not always.I've not seen a state with their own FCRA... Small claims judges are often not familiar with consumer / credit law (especially the FDCPA and FCRA). If you have a strong enough case, hopefully they will be wise and settle out of court.ps: your "caps lock" button is stuck Link to comment Share on other sites More sharing options...
dbranch3 Posted January 15, 2005 Author Report Share Posted January 15, 2005 Yeah Docdon I was suprised when I came across it to (COLORADOA FAIR CREDIT REPORTING ACT) but it is in the CRS 12-14.3-101 to 109. I really havent been able to compare the two (FCRA-CFRCA) but from what I read the two are about the same as far as civil penalties.Thanks Doug Link to comment Share on other sites More sharing options...
DocDon Posted January 15, 2005 Report Share Posted January 15, 2005 It's your call really. There's reports coming back that small claims judges are not FDCPA / FCRA savvy, so the recommendation is to go Federal.However, your local judges may be more receptive to state law (CFCRA / CFDPCA) than trying to interpret Federal Statute (FDCPA / FCRA).If you can find local cases that support your claim, you can use that in your efforts if you choose to go small claims.Hopefully the members with experience in CO courts will step in and give some insight. Link to comment Share on other sites More sharing options...
dbranch3 Posted January 16, 2005 Author Report Share Posted January 16, 2005 Sorry had it wrong it is the (CCCRA) COLORADO CONSUMER CREDIT REPORTING ACT but it makes references to the FCRA.ThanksDoug Link to comment Share on other sites More sharing options...
adminppdotcom Posted January 16, 2005 Report Share Posted January 16, 2005 Sorry had it wrong it is the (CCCRA) COLORADO CONSUMER CREDIT REPORTING ACT but it makes references to the FCRA.ThanksDougMost states have adopted the FDCPA into their own state acts. In CA, the civil code addresses collection activities and states it is a violation of the CA Act to violate most provisions of the FDCPA.But most small claims court judges and commisioners are not versed in the federal laws, but if you use the state laws, they can look it up quickly. I had a fella tell the judge that he couldnt hear the case I filed because it was a federal claim. The judge looked up the state law section and nearly threw the book at the guy. That was fun.And if you loose in small claims, refile in federal. Link to comment Share on other sites More sharing options...
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