QM07 Posted November 4, 2007 Report Share Posted November 4, 2007 I received a dunning letter from First Revenue Assurance on April 16, 2007.The dunning letter did not contain the rights miranda.Can I file a suit against them for this? Link to comment Share on other sites More sharing options...
flycouture Posted November 4, 2007 Report Share Posted November 4, 2007 Technically you can, but it would probably be better if you racked up some other vioaltions. MAybe look at you state laws as well. See what other violations you may have them on. Link to comment Share on other sites More sharing options...
nascar Posted November 4, 2007 Report Share Posted November 4, 2007 I received a dunning letter from First Revenue Assurance on April 16, 2007.The dunning letter did not contain the rights miranda.Can I file a suit against them for this?Without more information, your question cannot be answered. What does the letter say? Is it the first letter you have received from them? If not, the so-called mini-miranda is not required. "Within five days after the initial communication..." 15 USC 1692g(a).Also, the letter, since you are in North Carolina, must also include the debt collector's North Carolina license number. Is it there? Link to comment Share on other sites More sharing options...
QM07 Posted November 5, 2007 Author Report Share Posted November 5, 2007 Hey guys, I apologize for the limited information. It was the first dunning letter and only dunning letter I received from them.The actual letter contained the account #, OC, and amount owed at the topthen in huge letters across the middle was titled : INTENT TO REPORT TO CREDIT BUREAUSBe advised that we are planning to submit your name, address and the amount due of $188.48 TO Equifax, Experian, and TransUnion credit reporting services on 05-16-07. ( The date of the letter was 4/16/07)Since this could have a serious impact on your credit rating nationwide and may prevent you from obtaining credit when you need it most, we are offering you one last chance to pay the balance of $188.48 before this serious action is taken. North Carolina Department of Insurance Permit Number 4056.Your full payment forwarded directly to us in the enclosed envelope by the due date set forth above, will prevent the reporting of your past due account to these credit services.You may contact us by phone at xxxxxxxThis is an attempt to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector."No miranda. They cleverly structured this one too, it was the most aggressive I've seen. I DV'd them and they disappeared, but I would like to sue them to get my feet wet, and hope they try to settle because I have another debt I want to settle on, but don't have the money to do so, and if I get a settlement out of them, no matter how much, it would help me prevent negatives on my credit report from this other company I want to settle with. Link to comment Share on other sites More sharing options...
nascar Posted November 5, 2007 Report Share Posted November 5, 2007 No miranda. You could file a complaint with the NCDOI regarding the FDCPA violation - include a copy of the letter - and then wait for them to respond. If they claim the letter was not their initial communication, then you know they would use that as a defense to your lawsuit.However, if they admit their violation to NCDOI, promise to fix their letters, etc., (which they might do), then you've got a pretty good case. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted November 5, 2007 Report Share Posted November 5, 2007 Did they ever post tehinfo to the CRAs? Link to comment Share on other sites More sharing options...
QM07 Posted November 6, 2007 Author Report Share Posted November 6, 2007 Did they ever post tehinfo to the CRAs?No sir, they never did. The reason being, IMO, because this was the first communication, and I DV'd them within days of receiving it. They received the DV on April 26, according to the Signed receipt and the certified tracking #, which was 5 days after I received their dunning letter. Link to comment Share on other sites More sharing options...
QM07 Posted November 6, 2007 Author Report Share Posted November 6, 2007 You could file a complaint with the NCDOI regarding the FDCPA violation - include a copy of the letter - and then wait for them to respond. If they claim the letter was not their initial communication, then you know they would use that as a defense to your lawsuit.However, if they admit their violation to NCDOI, promise to fix their letters, etc., (which they might do), then you've got a pretty good case.Yes, it is a good point that I can not prove it wasn't their first communication. However, that would still require them to appear in court in NC, and they are located in New Mexico. That means they have to pay someone their salary for a day or two, pay for a plane ticket, pay for lodging and food. Even if they win, they lost anyways. My assumption was that, if I sued them for $1,000, they would call me and want to settle outside of court to save themself money, as my case clearly wouldn't be considered unreasonable right? Link to comment Share on other sites More sharing options...
nascar Posted November 6, 2007 Report Share Posted November 6, 2007 that would still require them to appear in court in NC, and they are located in New Mexico. That means they have to pay someone their salary for a day or two, pay for a plane ticket, pay for lodging and food. They would get a North Carolina attorney to handle it for them. Link to comment Share on other sites More sharing options...
QM07 Posted November 6, 2007 Author Report Share Posted November 6, 2007 They would get a North Carolina attorney to handle it for them.Still costs them $$. Most likely more than I'd settle for. Link to comment Share on other sites More sharing options...
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