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Discovery/Proving my case


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1. Who are you suing?

A$$et A¢¢eptance

2. How old is the debt?

Apparently it is a charge-off from 1999.

3. If the person harrassing you about the debt is a collection agency, Is the debt being reported on your credit report?

Yes, the are a CA and a JDB. Yes, it is being reported on all reports.

4. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) This means you wrote or called Experian, Equifax and TransUnion.

Yes, several times each.

5. Has the collection agency sent you a letter, called you on the phone? How did you learn about the collection?

I learned about the collection from my CRs and then I DV'ed AAC. After that, they started sending me letter but of course they provided no validation.

6. What state are you in?

New York

7. What kind of debt is this? (credit car, auto loan, student loan)

Apparently it was a credit card.

8. What kind of violations do you THINK the collection agency has committed? What section of the FDCPA do you think has been violated...

-Failure to give mini-miranda warning.

-Failure to validate debt but still reporting it and attempting to collect.

-Reporting as a factoring company.

-Reporting the debt as open.

-The committed the above several times over.

-Many NY specific violations, including not being licensed here.

Proving each claim:

I'm using this book that talks about proving every element of each claim. Now, most of my claims are FDCPA and FCRA claims. I've figured I need to show they are a debt collection company to establish that they are subject to these laws. Then show their collection efforts to show they violated these laws. What other elements do you think I need to prove?

Discovery:

Outside of my interrogatories, request for admission and request for production of documents, I have all of my correspondence from the JDB and I'm requesting all documentation that the credit bureaus have. What else would you suggest I get as part of my discovery?

Thanks in advance, all advice is appreciated.

Nef

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