Jump to content

FDCPA Violation?

Recommended Posts

I was just going over a collection letter that is dated August 13, 2007 and the envelope is postmarked August 14, 2007. I never responded to them of course, but just got a summons yesterday evening and the summons was recorded at the county clerks office on September 12, 2007. Was just wondering if this violates any FDCPA rules. Also, the collection letter states that

as of August 13, 2007, our client reflects the balance to be $5300.XX
, while the later issued summons states,
Defendant has failed and refused to pay the Plaintiff the remaining balance of its account in the sum of $4,671.XX
. The only attached information with the complaint is an account information sheet showing the original creditor C/O date and the Principal amount $4,671.XX, a certificate of assignment for their client, a business records affidavit from their client, and an exhibit "A" Bill of Sale, which makes no reference whatsoever to my account, only showing that they are Junk Debt Buyers buying 7000+ accounts through this purchase. This is my second case I'm challenging with them and await the many more that are getting ready to roll down the pipe. After asking for validation of the first account, they have asked the court for almost 90 days (was ordered yesterday) to come up with the information. I just received disability and am bored to tears because I have to keep my mind busy because I haven't been able to work for 3 years. Maybe this will keep me busy for awhile. I have literally no assets that were eaten away while waiting 3 years for the disability decision. I am wondering if it is worth going forward over a faulty notary seal on the business records affidavit or if it would even really matter to the court. According to Colorado Revised Statutes, from what I can tell, the county in which the affirmation statement was given must be included in the affirmation statement. I have emailed the Secretary of State to see if this will null the statement certification. Maybe it really doesn't matter. I may just be nit-picking, but I do like finding all of those little flaws regardless of how small. One last thing, this case is in Circuit Court versus the last being in District Court. What differences can I expect, if any with civil cases? Thanks!
Link to comment
Share on other sites

I believe civil court is probably the same as small claims in my state. It's the lower of the 2 county courts. JDB's generally prefer the lower court due to no Discovery. They still have to prove their case, though. Ask for assignment from the oc here too. They'll get the same 90 days.

It doesn't matter how many cases they have coming at you. If they can't prove they own the debt, they can't collect.

As far as any FDCPA violations...not having a proper assignment and various amounts due are misrepresenting the debt. You should start sending DV and C&D letters with the next ca in line. The next ca will undoubedly not provide validation. Each and every action, includind the summons and every pleading thereafter, is a violation. Start looking through some of the forum articles above to see how to deal with different situtations.

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.