thegame26 Posted July 24, 2007 Report Share Posted July 24, 2007 I know its $1000 per action and not violation but what do you do when you have multuple violations?I have 3 violations. Do I combine them into one suit or file 3 different suits to collect?(all one company) Link to comment Share on other sites More sharing options...
nascar Posted July 24, 2007 Report Share Posted July 24, 2007 I know its $1000 per action and not violation but what do you do when you have multuple violations?I have 3 violations. Do I combine them into one suit or file 3 different suits to collect?(all one company)Same suit, multiple counts. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted July 24, 2007 Report Share Posted July 24, 2007 Same suit, multiple counts.Same suit, muliple counts? Maybe I'm missing something with your response, but you can't sue for more than $1000 regardless of how many violations you have? IMO, I think you would need to sue for the $1000 and then seek punitive damages, if you can show a willful non-compliance. Link to comment Share on other sites More sharing options...
thegame26 Posted July 24, 2007 Author Report Share Posted July 24, 2007 Same suit, muliple counts? Maybe I'm missing something with your response, but you can't sue for more than $1000 regardless of how many violations you have? IMO, I think you would need to sue for the $1000 and then seek punitive damages, if you can show a willful non-compliance.yeah...that's what I thought. Link to comment Share on other sites More sharing options...
thegame26 Posted July 25, 2007 Author Report Share Posted July 25, 2007 So basically I have to use one suit with multiple counts for the 3 violations and hope I can convince on other damages to collect more than the $1000?? Link to comment Share on other sites More sharing options...
divemedic Posted July 25, 2007 Report Share Posted July 25, 2007 For the FDCPA: You can get actual damages, plus $1000 in statutory damages. The FDCPA does not allow for punitive damages. The FCRA and state law may allow other damages.Read Here Link to comment Share on other sites More sharing options...
thegame26 Posted July 25, 2007 Author Report Share Posted July 25, 2007 For the FDCPA: You can get actual damages, plus $1000 in statutory damages. The FDCPA does not allow for punitive damages. The FCRA and state law may allow other damages.Read HereOk. So actual damages would include court costs then right? Also I've been reading through the Federal Rules for Civil Procedure and it seems it imply that I have to have a sheriff serve the summons. Am I misreading that or can you do certified mail RR?So, I go to the court with the civil cover sheet, and my typed complaint and the court will look over it and if everything is in order give it back to me and then I get a sheriff to serve the defendant? Do all sheriffs charge the same?I just want to make sure I'm doing this right, I don't want to get screwed again. An attorney actually told me it was an easy case to prove and I'd be better off going pro-se since I'd get more money otherwise I would just have an attorney do it. Link to comment Share on other sites More sharing options...
nascar Posted July 25, 2007 Report Share Posted July 25, 2007 Ok. So actual damages would include court costs then right?Nope, court costs are court costs, not damages. Link to comment Share on other sites More sharing options...
thegame26 Posted July 25, 2007 Author Report Share Posted July 25, 2007 but the court costs are recoverable as part of the suit aren't they? Link to comment Share on other sites More sharing options...
Leadhead Posted July 25, 2007 Report Share Posted July 25, 2007 but the court costs are recoverable as part of the suit aren't they?Ask for costs in your request for relief. Link to comment Share on other sites More sharing options...
thegame26 Posted July 25, 2007 Author Report Share Posted July 25, 2007 Ask for costs in your request for relief.request for relief would the same as a WHEREFORE section in my complaint, right? Link to comment Share on other sites More sharing options...
nascar Posted July 25, 2007 Report Share Posted July 25, 2007 request for relief would the same as a WHEREFORE section in my complaint, right?yes Link to comment Share on other sites More sharing options...
thegame26 Posted July 25, 2007 Author Report Share Posted July 25, 2007 Ok. great. thanks to everyone for the help and clearing things up.I guess the only question I have left is if in fact, I'm interpreting the Federal Rules of Civil Procedure correctly in that I need to have a sheriff serve the defendant. Is there an extra fee for that or is that covered in the filling fee? Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted July 25, 2007 Report Share Posted July 25, 2007 Ok. great. thanks to everyone for the help and clearing things up.I guess the only question I have left is if in fact, I'm interpreting the Federal Rules of Civil Procedure correctly in that I need to have a sheriff serve the defendant. Is there an extra fee for that or is that covered in the filling fee?Process server is seperate and cost usually around $75 - $120. Link to comment Share on other sites More sharing options...
Leadhead Posted July 25, 2007 Report Share Posted July 25, 2007 You can also use a Waiver of Service. Send a copy of the Complaint and the Waiver, by certified mail, to the defendant's registered agent. Link to comment Share on other sites More sharing options...
thegame26 Posted July 25, 2007 Author Report Share Posted July 25, 2007 You can also use a Waiver of Service. Send a copy of the Complaint and the Waiver, by certified mail, to the defendant's registered agent.and that would work? why would they waive service? Link to comment Share on other sites More sharing options...
nascar Posted July 25, 2007 Report Share Posted July 25, 2007 and that would work? why would they waive service?According to the Rules, the party being sued has a duty to limit the costs of service. They are expected to waive it or pay your cost of service. Link to comment Share on other sites More sharing options...
Sky Warner Posted July 26, 2007 Report Share Posted July 26, 2007 My lawyer says it is CMRR.. registered mail.Thats how he just served, EX, EQ and ASSet Link to comment Share on other sites More sharing options...
thegame26 Posted July 26, 2007 Author Report Share Posted July 26, 2007 Ok. Great. Thanks again to everybody for all the info. Just to make sure I'm squared away when I go to the court Monday to file all I need to do is:1. Print out the civil cover sheet from their website and fill it out2. Type up my complaint3. Print out the summons form from their website and fill it out4. Bring 1,2,3 to the court with a check for the filling fee5. The court will give me a case number, court date, and stamp the documents6. I then send 2 copies of the complaint and cover sheet along with the waiver of process and a means of no cost return (self-adressed stamped envelope?) to the registred agent certified mail return receipt7. I then wait for a offer to settle or the court dateDid I miss anything? Link to comment Share on other sites More sharing options...
isislc Posted July 26, 2007 Report Share Posted July 26, 2007 Now another quick question here. If it's $1000 per action for violations, what if it's the same company but they do the same violations on 7 seperate accounts. Can I still get away with $1000 a piece in 7 different court cases? The 7 different accounts add up to 21 violations as of today. Or do i need to bunch them up in one? Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted July 26, 2007 Report Share Posted July 26, 2007 Now another quick question here. If it's $1000 per action for violations, what if it's the same company but they do the same violations on 7 seperate accounts. Can I still get away with $1000 a piece in 7 different court cases? The 7 different accounts add up to 21 violations as of today. Or do i need to bunch them up in one? I'm not an attorney, but IMO, I think they would all need to go into the one suit. Link to comment Share on other sites More sharing options...
nascar Posted July 26, 2007 Report Share Posted July 26, 2007 If it's $1000 per action for violations, what if it's the same company but they do the same violations on 7 seperate accounts. Can I still get away with $1000 a piece in 7 different court cases? Now that's a bit different. Of course you could still pile it all together in one suit, but since the accounts arise from different debts, each one could be separate action.This is analogous to the cases where CA's are attempting to collect on more than one account. The debtor sends C&D on one account. CA can continue to attempt collection on all the other ones because the C&D only applied to the one account.You'll want to keep in mind that whether or not they are successful, they CA will claim res judicata, so you'll need to be prepared to argue the point. They, I'm sure, will have formulated an argument against the separate suits. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted July 26, 2007 Report Share Posted July 26, 2007 Hmm.. good info, I have a CA doing the same thing.. maybe I'll do the same thing. Link to comment Share on other sites More sharing options...
swtguy Posted July 26, 2007 Report Share Posted July 26, 2007 If it's an assignment as opposed to a JDB, then you should also sue the OC. In this case, you overcome the res judicata because there are different defendants.Why include the OC on an assignment claim? Because in an assignment the OC is merely hiring an agent to collect debt on behalf of the OC. This means that the OC is on the hook for everything that it's agent does or fails to do. Link to comment Share on other sites More sharing options...
thegame26 Posted July 26, 2007 Author Report Share Posted July 26, 2007 Ok. Great. Thanks again to everybody for all the info. Just to make sure I'm squared away when I go to the court Monday to file all I need to do is:1. Print out the civil cover sheet from their website and fill it out2. Type up my complaint3. Print out the summons form from their website and fill it out4. Bring 1,2,3 to the court with a check for the filling fee5. The court will give me a case number, court date, and stamp the documents6. I then send 2 copies of the complaint and cover sheet along with the waiver of process and a means of no cost return (self-adressed stamped envelope?) to the registred agent certified mail return receipt7. I then wait for a offer to settle or the court dateDid I miss anything?Another thing, do I fill out any part of the waiver of process or do I just send it to them blank for them to fill out? Should I bring it to the court when I file to get stamped too along with 1-3? Link to comment Share on other sites More sharing options...
Recommended Posts