Jump to content

Do I have a case?


Recommended Posts

Just last month I discovered a collection account on my CR that I'd never seen before.

The company is Anderson Financial Network (AFNI) and there is no information about who or what the OC is/was.

I DV'd them, 30 days later, no response.

I just sent out my second DV, saying they had 15 days or I'd file a lawsuit for violating the FDCPA section 809(B). I have not recieved any response.

I just checked my credit report and lo and behold, they re-aged the account to October and upped the collection amount by $30. Not only that, Experian reported the account verified.

I plan to file a lawsuit in county small claims, but I have a couple questions:

The DV I sent was not in the initial 30 days, but I have received no correspondance from this CA and this was the first time it appeared on my CR.

I plan to sue for violating:

FDCPA Section 809(B)

FCRA Section 605©

Defamation of Character

I have copies of the letters I've sent along with CM mail receipts. I'm in California.

Do I have a case?

Link to comment
Share on other sites

Just last month I discovered a collection account on my CR that I'd never seen before.

Do I have a case?

Without reading any further than the first line, the answer is no. In order to be ready to sue on FCRA/FDCPA you want to have a lot more than just one month of violations. Just keep a paper trail, and copious notes. Also when you are ready to sue be ready for Federal District court.

Link to comment
Share on other sites

I disagree completely, Ken. For someone just starting out, aiming for 20 grand really isn't the way to go. If he files a quickie one just off the violations he's already accrued, he can get the TL deleted and pocket a couple of grand. No muss, no fuss.

Link to comment
Share on other sites

One needs to define the objective. If your objective is to delete the tradeline along with significant monetary damages and you are in a position to wait then the best course of action is probably to WRITE NUMEROUS LETTERS over a period of time clearly demonstrating the WILLFUL noncompliance of the collection agency to resolve the matter.

If you are doing the above then you may very well have a case for significant damages.

While in principle and maybe in practice, one can file lawsuit quickly - i.e. day 1 after failing to comply with the 30 day deadline - you are unlikely to get significant damages. Most likely, you won't have WILLFUL noncompliance but just neglient noncompliance. You are more likely to get a quick deletion of the TL.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.