Is it time to sue?

[hummer931]

in decemer i got a dunning letter from omni credit services regarding an alltel bill.

i DVd them immediately. WELL within the 30 day window.

in late march they reported the collection, they did this without ever valiating the debit.

I disputed with the CRA's and sent another DV. another month has gone by and they verified with the credit reporting agencys that it is mine. once again no validation.

I sent an intent to sue letter a few weeks ago demanding deletion and has resulted in no response. it is still on EQ and TU.

IS it time to file suit. any advice ive never gotten "this far" in the DV game.

BTW yes i have green cards from the december debit validation when i recieved initial contact.

[divemedic]

you can.

[hummer931]

ok, in your self admitted vast experiance, what are all the violations here?

The inital cra reporting without validating would be one, then verifying , so that makes 2 willful violation correct?

would you sudgest a phone call? basicaly saying.. times up im suing?

do i go to small claims court? state?federal? how do i do it?

what steps would you follow at this point dive. there is now how to sue flowchars since every case is diffrent i guess.

[hummer931]

to the top

[divemedic]

Do it in federal. Look up federal complaints for more details.

[cjtx]

I didn't have a choice (because I was sued in county court), but I would have started in small claims to gain experience and work my way up to county and then federal.

Filing fees might be a factor to consider and whether or not you want to keep your options open in case of an error. From state court your action can be moved to federal and then sent back to state, but if you start in federal, you can't go to state.

Of course, that's just me and I'm a slow learner. Divemedic has a lot more experience and if you look up his postings you'll see some of the advantages of going directly to federal.