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My lawsuite against Asset Acceptance


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I think that would be your best bet. I dislike Asset so much I'm going to sue them for every penny I can, even though it may not be the smartest thing to do because that will open a door for them to change venue to federal court.

DTPA is very consumer friendly with lower standards of proof and higher penalties for violations.

Here is a good resource to help you understand the statutes:

http://www.jtexconsumerlaw.com/V8N2pdf/V8N2deceptive.pdf

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I'm a big fan of anyone other than ASSet getting my money. I will, depending on the outcome of my last letter to them, report them to the AG. Heck, I'm gonna do it anyway regardless. I want to give them a chance to hang themselves good first. If you give someone enough rope, they'll hang themselves. Know what I mean?

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Ok, I've decided to go the small claims route anyway.

I don't care about injunctive relief, because either 1) they will delete to get rid of me and my suit or 2) I win, it stays on, I get money to compensate me for the next months of waiting.

I also realize because I cannot prove my DV was timely, I'm going to have to forgo the Federal and go state only.

NOW, I need help.

I am trying to organize my thoughts and create a detailed pleading with itemized monetary value to send them and wait my 60 days to file.

ANYONE with Texas law understanding I have questions:

Other than $100 per violation of the TFC, can we think of specific damages I can claim?

Can I put a monetary value on the damage to my credit worthiness? I do have denial letters for recent credit applications. I want a mortgage...

Can I sue for emotional distress or punitive damages in small claims?

Can I get treble damages under the TDTPA, and treble on what? All damages I claim?

Is there anything I am forgetting?

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Other than $100 per violation of the TFC, can we think of specific damages I can claim?

Unfortunately, the $100 statutory damage is not automatic, you have to show real damages in order to get $100 per violation under TFC.

Can I put a monetary value on the damage to my credit worthiness? I do have denial letters for recent credit applications. I want a mortgage...

Can I sue for emotional distress or punitive damages in small claims?

Can I get treble damages under the TDTPA, and treble on what? All damages I claim?

Is there anything I am forgetting?

Under TDTPA, you can get mental anguish and emotional distress and treble on that. There is no need to show real damages (if you did, you could treble on that too). However, the $5,000 limit on SCC will probably make it so that the judge will dismiss it for lack of jurisdiction (can't award you only $5,000 if you're entitled to more).

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Real damages - I didn't get credit in the amount of $XXX - does that count?

I have the same question. Is this the only negative on your CR?

Maybe your insurance premiums are higher because of this?

And if I claim $500 mental anguish, treble is $1500 ... ?

Mental anguish and emotional distress are determined by the trier of fact (i.e.; either the judge or the jury)

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I also realize because I cannot prove my DV was timely, I'm going to have to forgo the Federal and go state only.

I thought TX law doesn't require the timely DV? I may be wrong, but I could swear that it says you don't have to pay a debt until they validate. Could be wrong. Wouldn't be the first time and I'm pretty sure it won't be the last time either. Just a thought.

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Can anyone give me an opinion on this small claims suit I have decided to proceed with?

1. Defendant reported a collection agency account to all three major credit bureaus (Experian, Equifax and TransUnion) alleging Plaintiff owed a debt to Defendant.

2. In accordance with the Texas Finance Code (TFC), Chapter 392, Plaintiff send via USPS Certified Mail, a letter disputing the debt and requesting Defendant investigate the account. Defendant signed for the correspondence January 9, 2007. Defendant failed to properly investigate the matter per the TFC. I am asking $100 for this offence.

3. In addition, in January 2007, Plaintiff corresponded with all three major credit reporting agencies requesting an investigation into the disputed collection account reported by the Defendant. Plaintiff received written answers from Experian, Equifax, and TransUnion stating that Defendant had verified the account as valid, and continues to report the collection, in violation of the TFC. I am asking $100 for this offence.

4. Plaintiff also states that the dates and amount are different from the statements of the original creditor, which has since been disputed successfully, therefore misrepresenting the character, extent and amount of the debt, again, in violation of the TFC. I am asking $100 for this offence.

5. Defendant has demonstrated a willful disregard for Texas law and has ignored numerous, documented attempts at communication to resolve this matter from Plaintiff, and continues a blatant attempt to injure or ruin the credit rating of Plaintiff. Plaintiff asks for compensation for time, energy, and mental anguish per the Texas Deceptive Trades Practices Act, which allows for treble damages. Total money requested by Plaintiff then equals $900.

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Remember that it's $100 per violation. So, if they failed to investigate TU's, EX's and EQ's dispute, that's $100 x 3 = $300.

Same thing for continuing collection activity on each of the CRAs, another $300.

You may want to change the order of your paragraphs, so you talk about disputing with the CRAs before disputing with the CA.

The last part of parragraph 3 about it being verified can go in a new parragraph.

I would claim $100 for each wrong date and each wrong amount to each CRA. Each one is a violation.

Redact the willful disregard comment. You don't have to prove intent under TFC.

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I re-read the TDTPA, and the key words are "knowingly" and "intentionally" so this is my re-written pleading:

1. Defendant reported a collection agency account to all three major credit bureaus (Experian, Equifax and TransUnion) alleging Plaintiff owed a debt to Defendant.

2. In January 2007, Plaintiff corresponded with all three major credit reporting agencies requesting an investigation into the disputed collection account reported by the Defendant.

3. Plaintiff received written answers from Experian, Equifax, and TransUnion stating that Defendant had verified the account as valid, and continues to report the collection, in violation of the TFC. Plaintiff asks $100 for each offence, totaling $300.00.

4. In accordance with the Texas Finance Code (TFC), Chapter 392, Plaintiff send via USPS Certified Mail, a letter disputing the debt and requesting Defendant investigate the account. Defendant signed for the correspondence January 9, 2007. Defendant failed to properly investigate the matter per the TFC. Plaintiff asks $100 for each offence, totaling $300.00.

5. Plaintiff also states that the dates and amount are different from the statements of the original creditor, which has since been disputed successfully, therefore misrepresenting the character, extent and amount of the debt, again, in violation of the TFC. Plaintiff asks $100 for each offence, totaling $300.00.

6. Defendant has knowingly and intentionally demonstrated a disregard for Texas law and has ignored numerous, documented attempts at communication to resolve this matter from Plaintiff, and continues a blatant attempt to injure or ruin the credit rating of Plaintiff. Plaintiff asks for compensation for time, energy, and mental anguish per the Texas Deceptive Trades Practices Act, which allows for treble damages. Total money requested by Plaintiff then equals $2,700.00.

Here is the wording I based this on:

(B) In a suit filed under this section, each consumer who prevails may obtain:

(1) the amount of economic damages found by the trier of fact. If the trier of fact finds that the conduct of the defendant was committed knowingly, the consumer may also recover damages for mental anguish, as found by the trier of fact, and the trier of fact may award not more than three times the amount of economic damages; or if the trier of fact finds the conduct was committed intentionally, the consumer may recover damages for mental anguish, as found by the trier of fact, and the trier of fact may award not more than three times the amount of damages for mental anguish and economic damages;

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You only need to prove "knowingly".

I am not sure if you can treble statutory damages, but in order to get those, you need to show some monetary damages.

Have you been denied credit after they verified your debt to the CRAs? Maybe you should apply for a credit card so you can show real damages, and then you can get all those damages and treble them after proving CA acted knowingly.

"Knowingly" is defined by the Act to mean: actual awareness at the time of the act or practice complained of, of the falsity, deception, or unfairness of the act or practices giving rise to the consumer's claim...

Under this definition, actual awareness does not mean merely that the person knew what he or she was doing. It means that the person knows that what he or she is doing is false, deceptive, misleading, unfair, or a breach of warranty. For purposes of determining whether a person acted knowingly, knowledge or industry standards may be imputed to one who is in an industry.

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I believe you have misread the TFC penalty. It says "(e) A person who successfully maintains an action under this section for violation of Section 392.101, 392.202, or 392.301(a)(3) is entitled to not less than $100 for each violation of this chapter" I would ask for $1000 per violation and if asked mention that this is the federal standard.

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  • 4 weeks later...

Ok...now, right after I sent a copy of my complaint with my ITS letter, Asset just "happened" to "accidently" duplicate the account on my Equifax so it's reporting twice. How nice.

I sent them letters by both fax and mail explaining the duplicate listing, sent them a copy of my Equifax report (redacted) showing the duplicate account, and demanding deletion of both. I also disputed the new listing as a duplicate with CSC directly.

So, I am waiting 60 days as per required to receive damages under DTPA...but DURING that 60 day waiting period they are adding to the violations, and possibly to the money I can collect. This doesn't reset the 60 days if I want to add more $$ does it??? Assuming they DO NOT delete the duplicate listing??

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Ok...now, right after I sent a copy of my complaint with my ITS letter, Asset just "happened" to "accidently" duplicate the account on my Equifax so it's reporting twice. How nice.

Geez....some people have all the luck! Could this CA possibly be more cooperative in generating a payday for you? :mrgreen:

This is what I truly do not understand: when a CA gets the idea that you are not one of the ignorant consumers that will net them quick and painless returns on their tiny investment, why don't they run up the white flag and just cease? :confused:

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