thrillsoft Posted November 14, 2006 Report Share Posted November 14, 2006 Hello,I need to file suit against CBCS regarding a BellSouth bill that I do not owe. I moved out of state and cancelled my phone service. They continued to bill me at my old address for 13 months! and now say that I owe them $367. I DV'd the CA (CBCS) handling the account and they did not respond. I DV'd again (both times CMRRR) and no response again. I sent an ITS (CMRRR) and no response again. They have verified 3 times with EACH CRA during this process. On EQ they have not indicated that the TL is in dispute (the others do have it marked as disputed). So far nothing but silence from CBCS. From all of the posts that I've read, this is standard MO for them, but they fold like a cheap suit and settle real fast when summoned. So I need to file a complaint at the court house (NYC). The problem is that I've never done this before. Does anyone have a sample complaint that I could see that would cover this type of complaint?Thanks for any help that you can give. Link to comment Share on other sites More sharing options...
thrillsoft Posted November 15, 2006 Author Report Share Posted November 15, 2006 Anybody????Can I please take a look at a sample complaint that would be using the standard 1-2 punch as a claim? They violated 4 times with 1 CRA and once each with the other 2.Does anyone please have a claim filed that I can take a look at? I'm completely stumped about how to file a claim in New York. I don't want to go small claims court, I want to go state or federal because I've heard the small claims judges don't know squat about FDCPA.Thanks. Link to comment Share on other sites More sharing options...
E. Normis Debtor Posted November 15, 2006 Report Share Posted November 15, 2006 Anybody????Can I please take a look at a sample complaint that would be using the standard 1-2 punch as a claim? They violated 4 times with 1 CRA and once each with the other 2.Does anyone please have a claim filed that I can take a look at? I'm completely stumped about how to file a claim in New York. I don't want to go small claims court, I want to go state or federal because I've heard the small claims judges don't know squat about FDCPA.Thanks.If you're filing in Federal, Pacer can provide you with a plethora (I think that's a word) of complaints you can copy. For state court, see if you can access documents for a court online, or go to your court house and ask the clerk for some case files you can make copies of.Don't even think about filing until you've memorized the rules of civil procedure.Better yet, after you draft your complaint, fax it to the CA's general counsel with a settlement offer. Link to comment Share on other sites More sharing options...
direred Posted November 16, 2006 Report Share Posted November 16, 2006 If you don't get a settlement before filing, fax over a copy of the complaint (showing it's been filed) to the general counsel before serving. You may find, as I did, that this can expedite resolution. Link to comment Share on other sites More sharing options...
thrillsoft Posted November 16, 2006 Author Report Share Posted November 16, 2006 If you don't get a settlement before filing, fax over a copy of the complaint (showing it's been filed) to the general counsel before serving. You may find, as I did, that this can expedite resolution.Direred,I sent you a PM asking about the complaint that you filed. Yes, I think you're exactly right. I'm sure they'll fold and settle with me immediately after I file (assuming it's an impressive filing). That's why I asked you to see a copy of your filing. Could I at least look at yours please? PLEASE???John Link to comment Share on other sites More sharing options...
admin Posted November 16, 2006 Report Share Posted November 16, 2006 Thrillsoft, it's also helpful here if you list the exact statutes or civil codes that you feel are in violation and why. Link to comment Share on other sites More sharing options...
direred Posted November 16, 2006 Report Share Posted November 16, 2006 I sent you a PM asking about the complaint that you filed. Yes, I think you're exactly right. I'm sure they'll fold and settle with me immediately after I file (assuming it's an impressive filing). That's why I asked you to see a copy of your filing. Could I at least look at yours please? PLEASE???I'd be happy to PM you the text (later tonight -- I have to dig it off a CD). I didn't receive a PM from you, though. Link to comment Share on other sites More sharing options...
thrillsoft Posted November 16, 2006 Author Report Share Posted November 16, 2006 I'd be happy to PM you the text (later tonight -- I have to dig it off a CD). I didn't receive a PM from you, though.Thanks. I REALLY appreciate it! Link to comment Share on other sites More sharing options...
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