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Negligence/Malpractice by collection agent and orig. cred?


saadmo
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Folks, I need some advice if you please. This past May I received a note from a Law Office (collection agency) stating that they were going to take me to court to try to gain a judgement against me for a certain bank that they were representing. This was allegedly for a credit card account. Well, at first I was shocked and scared, so, I wrote them back (never alluding to the "alleged debt" at all in my correspondence). After thinking it over afterward I called an attorney friend of mine and he told me to request validation if I didn't believe that the account was actually mine. So, approx. 3 days later I sent a letter to the same Law Office requesting Validation under Section 809b of the FDCPA. I sent the letter certified with a return receipt and they received it approx. two days later. Well, what did they do? They disregarded my request and approximately 8 days later they wrote to me and the court and compelled me to go to court to try and seek the judgement against me anyhow. I brought the letter (w/return receipt attached) and the Judge was not happy with the attorney that represented the Plaintiff on that day in court because he was "left out there on an island" because the Law Office didn't inform him of the Letter that I had sent requesting validation. Also, on the court record the presiding Judge said that he was intimately familiar with my letter and nowhere in the letter did I allude to the debt as being mine or that I owed it. I sent in an "answer to the court" alluding to the fact that a handful of violations of the FDCPA had occurred in my case, etc.. Well, in the interim I never received any interrogatories because the Law Office representing the plaintiff sent them to the wrong address. Since I wanted to get this matter cleared up and of course each and every time I wrote the CRA's they would say that this account was "verified", I was also instructed to write directly to the Original Creditor if I was seeking additional information about my "alleged account". Well, back in August, I did just that. A couple of months go by and just 10 days before I attended a case management conference at the courthouse with regard to this same matter, I received 2 contracts in the mail from the headquarters of the plaintiff (the bank). Both of these contracts weren't in my handwriting, and particularly the one in question in this case wasn't even dated from within the time frame that it was to supposedly have originated. The date on the "original contract" was 08-09-09 (August 9th, 2009). So, I immediately sought the services of an expert witness who is a court/board certified expert handwriting and typewriting examiner. He not only came back with the appropriate documentation that states that I didn't author any of the writings on that document, but, that the document reads the date of 08-09-09 (which is a future date). When I took the copy of the contract which I received to the case management conference, you should have seen the look on the attorneys face who was representing the Law Office for the plaintiff on that day. After that, it was like someone had placed a "cloaking device" on their office and they all but disappeared as I haven't heard from them since. You see, neither they nor the bank (or the banks legal department) that they represented in this matter never even bothered to look at my "alleged contract" before taking me to process. I have court/board certified documentation that proves unequivocally that this document is a fraud/forged document. I have written to the bank, their legal department, and finally the President/Founder and CEO of the bank and I have never gotten a response. They are simply blowing me off presently. I have been defamed and my privacy has been invaded and I have been defrauded by both the bank and the Law Office (Collection Agency) that is handling this case for the plaintiff. Can I sue the Original Collector (the bank) and the Collection Agency in this case for Negligence and Legal Malpractice? I can't believe that nobody ever caught that this "alleged contract" was dated in the future, and because of this I have been compelled to go to court and defend myself when they never possessed an ounce of a legal right to bring me to process. The collection agency in this case simply believed that through the "mechanisms that are in place" that they could prove "the book" against me. They blatantly disregarded the laws that are in place that protect me as a consumer because in my opinion they never truly believed that I would ever lay my eyes on my "contract" that their very own client provided for me by mailing it directly to my address. Can I sue the collection agency against their malpractice insurance for not performing the very bare minimum of their job which is to attempt to ascertain almost 100% that I have a "good contract" before ever proceeding with litigation against me? Also, since this banks (the plaintiffs) legal department are the ones that originally contacted this Law Office to file suit against me on their behalf, can't they be guilty of and held accountable for Negligence/Legal Malpractice, Defamation of Character and Invasion of Privacy as well?

Any help or advice that any one can give would be greatly appreciated. Thanks for viewing my rant. :lol:

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Well, so far you have multiple FDCPA violations- $1000 statutory damages

At least one FCRA violation- $1000 statutory damages for EACH violation

Actual damages for the cost of defending the case, missed time from work, any loans you were denied due to the TL

Legal expenses for this suit

All in all, you have some significant damages

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FDCPA allows a statutory award of 1k per case. The FCRA allows multiple awards for multiple violations.

How have you been defamed?

How has your privacy been invaded?

How have you been defrauded?

BTW, do you owe the Bank any money? If the credit card was yours, it won't matter much about the "contract," there are other ways they can establish the debt.

You were not a client of either the law firm or the CA, so it isn't malpractice you would seek redress for. You might have a case against the lawyers for bringing the action without first validating. And it looks like you may be talking about intentional/negligent infliction of emotional distress. Of course, you know you need expert opinion to establish that.

Of course, you are still in a lawsuit. The affidavit of your expert has caught them flatfooted. They could come back with their own. And there is still discovery.

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Recovering attorney,

Thank you very much for the reply. I did owe this bank for two separate accounts years ago which were both paid to a zero balance. Then, two separate individual accounts reappeared quite awhile afterward neither of which I have any record of. The account numbers are unknown to me. Both of these contracts are frauds. The one that I have written about is not in my handwriting (neither are) and the date is clearly from the future. If the Law offices of either the bank or the collection attorneys would have even bothered to look at the contract(s) at any point they would have seen that they had nothing. The database garbage that I received from them could have come from anywhere including either my previous accounts or from someone elses account information as it appears to be infused via cut and paste. I should have never been brought through the legal process and the Law Office (collection agency) can't take that back. They would have passed a judgment against me had I not known to show up and what information to bring along with me.

The contract that has been generated has come from the office(s) of this bank. I guess that I will have to contact the Attorney generals office as well as my friends at the FBI to have them begin their own investigation of this large corporation (bank) on their own. This corporation is not a bank per se, it is a credit card company. The scary thing is it is almost impossible to gauge how many people have been adversely affected by similar wrongdoing by this credit card company over the years. How many of these people automatically paid because they were scared without ever finding out if they were ever truly legally obligated to pay in the first place.

Thank you for your response. I appreciate it.

Saadmo

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FDCPA allows a statutory award of 1k per case.

A minor correction - FDCPA allows statutory award UP TO $1K per case.

I seriously doubt the FBI would be the least bit interested, unless you go with ID theft and even then you'd have to be a victim to the tune of more than 100K to even get their attention. The FBI handles Bankruptcy fraud cases, and they won't even bother if the fraud amount is under 100K !

You need to contact your state Attorney General, and you might try the OCC - they oversee banks - and a credit card company IS a "bank".

You seem to be under the impression that these collection agencies practice due diligence before they sue. Guess what - they DON'T ! They don't really care, they bought an account, they found a person, and they pursued it. They ALL do it and until the victim brings them up short by questioning them and the validity of their claims, they assume they're right, and you owe them money.

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If there was no debt and they placed you with a collection agency that is the tort of Malicious Prosecution. Lectlaw.com defines it in part as

"An intentional tort arising from the institution or instigation of unjustifiable and unreasonable civil or criminal litigation. An action for malicious prosecution can be brought against the underlying case's plaintiff, plaintiff's counsel and/or advisors."

The link is here http://www.lectlaw.com/def2/m062.htm

Since Malicious Prosecution is an intentional tort you are allowed to seek punitive damages as well as recovery for emotional distress.

Malicious Prosecution has produced punitive damage awards in the millions.

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USA DREAM GIRL,

Thank you very much for your insight with regard to my ongoing situation. I knew that there had to be some form of recourse here. And, you just opened up an entirely new bag of goodies for me. These folks have put me out there, then, when I received damning evidence from their very own client they simply wanted to go "hands off" at that point. They cannot be allowed to get away "scott free" with garbage like this.

Thanks a million for the outstanding information. If you should come across any other information that may be of similar help to me, please forward it to me if you will. Thank you very very much!!

All the BEST!

Saadmo

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Let's see....

Bank says you owe $$$. You say you don't.

Bank produces notes with "your" signature. You testify that any $$ you owed the bank you long since paid. You present the testimony of a handwriting expert who says, assuming he is qualified to testify, that you didn't sign the notes.

The judge or jury decides the facts in this unusual case. Say they credit your testimony and that of your expert. You win the civil trial.

Defendants win cases all the time. How does the failure of a plaintiff to prove its case amount to malicious prosecution? I would like to see case law.

Now, if the plaintiffs never rebut your expert, then maybe the act of teh attorneys in maintaining an action in the face of your sworn testimony and uncontroverted expert testimony is subject to sanctions, but I am not sure it raises to anything more.

Make a demand for them to produce their expert witness. And make damn sure you have properly pleaded the forgery in your answer. Sometimes the failure to contest a signature as yours in the pleading acts as an admission to the signature. Also, if this was a loan, there would have been a record of where the money was disbursed to. What does the bank say about that?

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