Moved from Collections

[Aerovette]

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=256633

Changing from other thread. I think it is time to chase them instead of them chasing me. I need a legal opinion at this point. I am going to call my attorney in the morning, but I wanted some tips while I wait.

I want to sue, I don't want to lose.

[Recovering Attorney]

Just remember, if you sue a JDB for FDCPA violations, they could counterclaim for the amount they say you owe. So measure the 1K statutory damages versus what they might get. The SOL is a defense only. From your post, I'm not sure you have established the SOL.

Do you know what state these people called you from? If not Texas, you have to make sure the other state is a one party state or you may not be able to use the tapes as evidence. Although your lawyer shoudl be able to find another way to use them.

[Aerovette]

Thanks for the response. I have three sources for establishing what I believe the start of the SOL clock to be.

My bank went through all my cancelled checks between June 2002 and August of 2003. They show the last check to Providian dated 7/22/02.

In addition, I contacted Providian and after being transferred all over the place I finally got a guy on the phone that told me that my August 2002 statement lists the 7/22/02 payment and he could not find anything after that. Third source is the drop off date on my CR. It states 6/2009. That information is weak because it is based on a delinquency as opposed to DOLA, but I know that time frame is when all this went South.

The other thing is that the CIC home page makes it appear that it is $1000.00 per violation. Is that incorrect? It really doesn't matter. I just want them to go away. Also, being at LEAST the second owner of this debt, it would seem that "unjust enrichment" would come in to play and worse case would be a $4500.00 debt, that IF they validated, I would owe anyway.