Why Shouldn't You Just Sue After 30 Days???

[zwiepak]

Ok, so I got the book, and now I'm putting it to good use. So that's my question, why the additional 15-20 days to give them, essentially, a second chance? I'm thinking on day 31 file and serve, might as well make a grand out of it right?

Anyway, that's what I'm currently thinking. Is this a rational idea?

[divemedic]

Bona fide error

[zwiepak]

Bona fide error

er, why?

I don't see it, what, they get served, they, in essence, get ticked off and you get nowhere?

[divemedic]

What's not to see? If you go running off to the court house for every perceived violation (and not responding to a DV within 30 days is not a violation in itself) you are going to end up with one of two outcomes:

1 The CA will claim bonafide error

2 You will win, and the judge will award you damages of $5.

From the FDCPA:

( In determining the amount of liability in any action under subsection (a), the court shall consider, among other relevant factors --

(1) in any individual action under subsection (a)(2)(A), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or

[zwiepak]

What's not to see? If you go running off to the court house for every perceived violation (and not responding to a DV within 30 days is not a violation in itself) you are going to end up with one of two outcomes:

1 The CA will claim bonafide error

2 You will win, and the judge will award you damages of $5.

From the FDCPA:

Damn, I really didn't think that one through... Thanks though, I really didn't see it beyond, or rather, the proper overall context... Time to sit and think about this a bit longer... Well, in any event, I'm sticking to the flow chart, sent the letter and initiated the disputes...