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My lawsuit- I WON we settled for $3,000.


divemedic
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I have gotten several emails asking about my lawsuit against a CA for damages. I will try to update this, keeping in mind that I cannot mention certain aspects about the suit, as long as it is still in litigation.

I moved out of an apartment, and had a dispute with the landlord about damages to the apartment (it had damage from the hurricanes) That was August of 2005.

In Sept of 2005, the CA sent me a dunning letter for $838, which I promptly DV'ed. They responded with a letter from the LL, asking for $838 for damage to the apartment.

In Nov 2005, the CA reported a tradeline for $838 to the CRA's with no dispute notice, and in that same month verified the tradeline without the dispute notice.

In Feb 2006, the CA got a memo from the LL stating the balance was in error, and should be reported as $438. They verified the TL as still owing $838.

Further negotiation with the LL, and in April of 2006 they agreed to change the amount due to $288. The CA was notified of this, but still verified the TL at $838. The TL is now listed twice on the CR by the CA. The phone rep and manager both state that it is the policy of the CA not to remove TL's from debtor's reports.

On July 14, 2006, LL agreed that the account was billed in error, and supplied the CA and me with written confirmation of this. It was then disputed by me with the CRA, and the CA verified the item as a "paid collection - last payment 7/17/2006" and sent me a dunning letter, demanding the payment of $250. The postmark on the dunning letter was 7/18/2006.

I filed suit against the CA and two of its employees on July 31 for damages in the amount of $30,000. I sent them a waiver of service, and have still not gotten it back.

I called them today to offer settlement and get their atorney's name to scedule the case management conference.

The CA now claims that they deleted the TL, so are not liable for damages. They are refusing my settlement offer, but do not yet have an attorney.

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I know. They have 30 days to send it back, or I have to have them served. I can have anyone serve them who is not a party to the suit, as long as they fill out an affidavit of service. If they do waive service, they do not have to be served.

The damages are:

Statutory: (FDCPA, FCRA, and Florida Law)

$3000 against CA, $1000 against CA manager, $1000 against recovery specialist

Punitive damages: (15 U.S.C. § 1681n(a)(2), and Florida 559.77(2))

$22000 against CA, $1500 each against manager and specialist

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Looks good Dive, if I lived in FLA I'd gladly volunteer to do the service for you.

It doesn't matter that they ultimately deleted the TL, they verified multiple times without deleting, each time it was a violation, nothing now short of paying you can get them out of this.

It continues to boggle the mind how they get so arrogant and stupid and stay in business.

I'd love to take a look at your complaint someday.

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  • 2 weeks later...

Well here we are, with only 10 days left, and I still haven't gotten my waiver back from any of the three defendants.

If I have not gotten it back by next Weds, I will have to have them served, and I will also file a motion to have the defendants pay reasonable costs of service. I wonder if they are going to try and ignore this suit...

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  • 2 weeks later...

None of the three defendants returned the waiver of service within the 30 day deadline. I had to have them served today. They now have 20 days to send an answer, or I can get a default judgement.

They claim to have an attorney, but he has yet to contact me, and they will not give his name.

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OK, the attorney for the defendants contacted me and asked what it would take to settle. I offered dismissal with prejudice for $5K.

They counter offered with $1K. He said that since there is no debt, this is pure money in my pocket. I pointed out that this suit had nothing to do with the existance or nonexistance of a debt, that this was about his client's behavior in collecting it.

I told them no, I would rather go to trial. This case cost me almost $1K in service and filing fees.

He asked what I would settle for, I told him $3K. Any lower, and we proceed to the trial. They will wind up paying him at least that much in attorney's fees, plus whatever I get in the award. I am already guaranteed at least $1K in service and court costs.

We will see, they have less than a week to file an answer.

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Guest E. Normis Debtor

A man's got to know his limitations, but I would've stuck with the 5K. And, added the comment "after I retain counsel to continue prosecuting this claim for me, the price goes up to include his/her fees."

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