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So, how many violations before ya sue??


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Two weeks ago I had a debt collector call and say I owed um money. I said really, i have not seen a dunning letter, oh we sent one but it came back. Really when? 40 days ago they say. We sent it to (they gave an address) I replied that is a old address but mail is still forwarded from it, I just got a forwarded piece of mail today. They said they don't know/care pay up. I said what was this about again? they tell me, I said oh really? I just got a demand for payment from a CA other than you for that account 2 weeks ago. When did you get this account again?? uhhh ahh umm... was their reply. I got their address and DV'd um right away. To me, I DV'd um timely, I never did get a dunning letter even after giving them a correct mailing address to do so. They have called me 4 times since getting my DV and my caller id (and photos of it) prove it.

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I had a CA claim to have sent the initial letter a month before they were in business. I sent them a copy of their license application, and a note telling them that if they wished to continue with their false statements, I would be happy to tell the judge. They went away.

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How do you seasoned pros decide when (or if) it's time to sue a CA? After a certain number of violations? After DV'ing?

Also, just out of curiosity, do you find that you're more likely to sue with a lesser case, based on how egregious the violations are?

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When I have what I consider to be a good case, I send the CA one last settlement attempt, along with a copy of the first few pages of my Federal complaint. I give them a few days to respond, and then if they don't deal, I sue.

If they are stubborn enough to get to the ITS stage, they are usually stubborn enough that they do not settle, and so I sue them.

Then they settle.

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