hendu Posted January 28, 2005 Report Share Posted January 28, 2005 Let me get this straight.....once you send a DV letter to a CA and they either ignore the letter or send incomplete validation AND continue to list the entry on your credit report.......is that a total of one or two violations against you? Tia! Link to comment Share on other sites More sharing options...
willingtocope Posted January 28, 2005 Report Share Posted January 28, 2005 That's probably at least two violations...but...the number of violations under the FDCPA doesn't really matter (other than adding weight to your arguments). Under the FDCPA is $1000 per court action (i.e., small claims suit)...not per violation.Of course if you really got lots of aggravation from them you can also tack on "pain and suffering", not to mention court costs, and legal fees. Link to comment Share on other sites More sharing options...
hendu Posted January 29, 2005 Author Report Share Posted January 29, 2005 Thanks willingtocope for making that clear. Now what if I don't file in small claims and file in Civil court? Does the same apply? Link to comment Share on other sites More sharing options...
willingtocope Posted January 29, 2005 Report Share Posted January 29, 2005 Not really. Same rules apply. You might do some searching on the forums though...there are some other advantages to taking the case to federal court. Link to comment Share on other sites More sharing options...
KentWA Posted January 30, 2005 Report Share Posted January 30, 2005 Remember though to cite each violation in your suit. The more ammo you have the better you are. It is possible that the judge does not agree that something is really a violation. Also check state laws, in the case of Washington State, each violation is good for $2,000 per violation. Link to comment Share on other sites More sharing options...
hendu Posted January 30, 2005 Author Report Share Posted January 30, 2005 It would seem that this is a clear cut case....I sent a DV letter and they sent incomplete validation. So are you saying that some judges don't see it that way? Link to comment Share on other sites More sharing options...
willingtocope Posted January 30, 2005 Report Share Posted January 30, 2005 Not all judges...particularly in Small Claims...are created equal. Some aren't even lawyers. You need to show up with copies of the FDCPA (and maybe FCRA) with the pertinent points highlighted. You should probably also take copies of case law that illustrates how other courts have ruled on "validation". Be prepared to "educate" the judge. Link to comment Share on other sites More sharing options...
hendu Posted January 30, 2005 Author Report Share Posted January 30, 2005 My goodness, willingtocope.......you are on it, my man! Thanks a million! Thanks for educating me on this. I am going to court, so thanks for preparing me! Link to comment Share on other sites More sharing options...
KentWA Posted January 31, 2005 Report Share Posted January 31, 2005 Also, I forgot before to tell you that failing to validate is NOT a violation. Only continued collection activity after validation is requested. Link to comment Share on other sites More sharing options...
hendu Posted January 31, 2005 Author Report Share Posted January 31, 2005 So KentWA, are you saying that when I send a DV letter to a CA and they do not respond, but they continue to list the entry on my report......that is not a violation? Link to comment Share on other sites More sharing options...
willingtocope Posted January 31, 2005 Report Share Posted January 31, 2005 If the entry on your CR is listed, it should be listed as "in dispute", however the time frame between when the receive your DV letter, and the update to the CR may be 30-60 days because of the credit reporting cycles of the people involved. Failure to show it as in dispute is a violation, but probably not enough to go to court over by itself. Just some more ammo for the eventual suit.. Link to comment Share on other sites More sharing options...
KentWA Posted January 31, 2005 Report Share Posted January 31, 2005 That is why you always het them with the 1-2 punch. DV them and once you get the green card back you dispute with the CRA. If it comes back verified, then you have them. Link to comment Share on other sites More sharing options...
hendu Posted January 31, 2005 Author Report Share Posted January 31, 2005 That's what I did....I sent a DV letter, then about a week later, I disputed it with the CRA. One company ignored the letter, the other sent incorrect validation! Both came back verified from the CRA! Now what? Link to comment Share on other sites More sharing options...
willingtocope Posted January 31, 2005 Report Share Posted January 31, 2005 IF...big IF...these guys are listed on your CRs and are not showing "In dispute"...then your next step (in your paper trail) should be an ITS letter saying "you didn't/couldn't validate this debt..remove yourself from my credit report in 10 days, or I'll see you in court". Link to comment Share on other sites More sharing options...
hendu Posted January 31, 2005 Author Report Share Posted January 31, 2005 That's a BIG NO! They are not showing on my report as "in dispute". I guess my next question is, will I need a lawyer to go file suit in Civil court? Link to comment Share on other sites More sharing options...
willingtocope Posted January 31, 2005 Report Share Posted January 31, 2005 Well if you can afford a lawyer or get one interested in taking the case on contingency, by all means, get one involved.On the other hand, you can do all this "pro se"...there's lots of guidance on the board here. You might try an ITS letter first...tell them to get themselves off your CR. Link to comment Share on other sites More sharing options...
hendu Posted January 31, 2005 Author Report Share Posted January 31, 2005 I have sent the iTS letter.....like I said ...to no avail. Both CAs are still listed on my reports. One ignored the letter and on sent incorrect validation. So I guess I'll see them in court. Thanks for the advice willingtocope! Link to comment Share on other sites More sharing options...
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