R. Attorney, Methuss, Grim and some of you other old timers

[JustANewbie]

I could use some input on my next step guys....

Here is where I stand as of November 4, 2005.

CMI group - Carrollton, TX (DELETED/APPEARED ON TU AGAIN)

Credit Control Corp - Newport News, VA (NO RESPONSE)(DISAPPEARED)

Credit Protection Assoc. - Dallas, TX (NO RESPONSE) (DISAPPEARED)

Cavalry Portfolio - Phoenix, Az (DELETED)

Anderson Fin - Bloomington, IL (NO RESPONSE)

ANFI - BLoomington, IL (same as above I think) (NO RESPONSE)

Progressive Asset - Simi Valley, CA (Validated/agreed to PFD in writing)

Portfolio Recovery Assoc. - Norfolk, VA (DELETED)

Office Services - Duluth, GA (NO RESPONSE)

Progressiv Management - West Covina, CA (SENT ANOTHER COLL. NOTICE)

RMA - Atlanta, GA (NO RESPONSE)

United Resource Sys. - Lakewood, CO (Sent standard mean ITS letter)

So things are coming along slowly but surely. I am going to proceed with filing a suit against "OFFICE SERVICES, UNITED RESOURCE SYSTEMS and CMI"

My question is, should I retain an attorney or can I proceed in small claims or do I need to file in a different district (Municipal, Superior)?

Should I contact the Atty. Generals office first? Should I contact the BBB as well?

I am at the time where I am going to cross the "point of no return" and pursue this to the end and I want to do this correctly. My documentation is in order and I think I am on pretty solid ground. Can you guys toss a couple ideas at me?

Thanks and hope all is going well for everyone else!

[Anonymous]

I'm going to let Methuss or RA handle the response on this one...

[wahoo238]

RMA (now NCO) and Office Serv are one in the same, I too am preparing for suit with Office Serv. They will not validate and continue collection activities.

[Methuss]

The FDCPA allows to file a complaint in "any court of competant jurisdiction." So yes, you can use small-claims if your local rules allow. Some locales don't allows FDCPA complaints in small claims, and others (like mine) require that you give them an opportunity to settle out of court before actually filing the complaint.

You should put an attorney on retainer for this even if you plan to handle it pro-se. The reason is that they may try to remove the case to a higher court. If they succeed in such a motion you may not be able to handle it. Filing a complaint as a pro-se plaintiff is a very time-consuming project. Be prepared to spend many hours working on each one. My pro-se against the City of Chicago took up over 50 hours of my time...

[JustANewbie]

Ok, I will see about finding an attorney. I will also plan to file in small claims (if allowed) this week. It blows me away that after sending 2 separate CMRRR cards and getting them signed by these companies, they continue to send letters and leave collection messages on my voicemail at home.

I have sent letters to the big 3 to get a MOV response but to date, I have not gotten anything.

I will keep you posted.

Thanks

[Recovering Attorney]

You letting progressive off the hook?

People here can help you frame a complaint. Do that, then go see a lawyer to get some advice on local practice, hand-holding, or real representation if you need it. Most lawyers do not understand the FDCPA or FCRA, so if you can do some of the groundwork, they will be appreciative.

[JustANewbie]

Thanks! I will do just that.

And no one is getting off the hook. I just wasnt sure if I should go after everyone all at once or not. After further review, I am going to. I figure why not just do it and let the chips fall where they may.

The only issue I can forsee, is that in California, small claims is up to $5000.00. United Resource Systems is up to $17,000 in violations (just my own personal calculations.

8 Collections letters (after recieving my 2 CMSRRR DVs and not validating) etc.

I will let you know as things progress!