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Getting ready to sue CA looking for expert advice


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Collection Agency: Calvary Investments


I reside in Maryland

I pulled a tri-merg (lending tree) in October 2004 I had 680, 720, 731 Ex,Eq,Tu respectively, (have a 3 year old paid judgement on the Ex bringing it down).

Next, I pulled another tri merge this time on My FICO in early Jan 2005 all scores around 674 on my fico, with a fresh collection agency account Cavalry Investments on my report.

I receive a letter about 5 days later from Cavalry dated Jan 7, saying I owe for this collection account blah blah, they included the mini miranda etc.. I immediately DVed Cavalry, by CMRRR. I sent two, one to the AZ office, one to the NY office. I get both the cards back signed on 19th and 20th of January.

At or around the same time, I disputed the collection account to the two CRA reporting the collection EQ and TU but for sure after I sent the DV letters to Cavalry.

I get back reports dated Jan 29 from EQ and Feb 2 from TU saying Cavalry verified the debt as valid accurate, neither CRA reporting the debt as disputed.

I have not recieved any info from Cavalry, but they still verified the collection account after having recieved a comprehensive DV sent within the 30 day limit as per their initial contact.

#1 Do I have a suit? If so, can I charge them for separate violations for reporting to each CRA (i.e. reported same thing to two different agencies = 2 vilolations?)

#2 Do I have to wait for 30 days to see if Cavalry in fact verifies before I send them my ITS letter, or can I sue simply because they broke the law by not reporting "in dispute" to the CRA when they supposedly verified the debt to EQ and TU on reports dated Jan 29, and Feb 2 (before they sent me any kind of validation info) though it was less than 30 days since I got back the CMRRRs?

#3 I noticed Cavalry reported the collection to both CRA's TU & EQ before the date on the mini miranda lettter, i.e. possibly knowing that they did not have enough information to validate but reported anyway, and if in fact they dont validate is this now two more vilolations against which I can seek relief?

If I do sue, can I file in smalls claims court in my own state, or do I have to file in NY? Should I send Cavaltry a letter stating their violations, and demanding deletion before I sue? The debt in question is $203, I dont care about the money, I just want to get my freaking scores back where they belong. I have spoken with others who claim Cavalry denies all requests for pay for delete.

Do I have a case?

thanks in advance for any comments, tips, support. This place is a fantastic asset, and If I do sue and win (God as my witness), Im donating 25% of my take to this board.

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Next time post this in the "debt validation" or "collection" section so people can follow it.... :)

I have been given advice to continue to get them and the CRAs to rack up the violations, by Dv'ing the CA again and sending a follow-up letter to the CRA telling them about the CA's "non-response". This shows more "non-compliance" by the CA. An FCRA violation! Yes, I believe you have a case. A good one at that! :wink: I am in the same situation. I have DV'd a CA. At the same time, disputed with the CRA. The entry comes back verified, however, I don't get response from CA. They don't list the account "in dispute". At least two violations right there. Just save everything and keep creating that papertrail......helps you if you do seek legal action. One more thing, when it comes to legal action, go federal, not small claims. Check out the other sections in this forum, like....."is there a lawyer in the house".

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