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how long should i wait......?


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I have received a dunning letter from a JDB and sent out a timely DV. Their response was an "account statement" that only showed the name of the OC and the amount, no address or other information(other than the JDB's own account stuff) was on the "statement". They then almost immediately began reporting to CRA's. I disputed with CRA's and filed with BBB and AG in their state and have sent out a second DV and am awaiting a response. Question:

Should i continue to send one or two more DV's providing they dont validate in order to show i have tries all angles to validate said debt?

How long should i wait before filing for violations of FDCPA?

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Have the CRA finished their "investigation" yet? Is the alleged debt a few hundred dollars or smaller? If so, I'd send them an ITS letter now. If they don't respond within 30 days with solid documentation, file a small claims suit.

What you received was not sufficient to fulfill their validation obligation. Do some reading on Spears v Brennan and Fields v. Wilber Law Firm to see what does and does not constitute validation. You should also cite these cases in your ITS letter.

If they don't back down after the ITS, they will almost certainly after you serve them with a FDCPA suit. JDBs hate FDCPA suits (probably even more than CA's) and will trip over themselves to make it go away before the hearing.

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Thanks. The debt is claimed to be a little over $1100. The CRA's have not finished yet but should be done any day now. The CA(JDB) has reported twice now (as of yesterday). ANd i have already read up on the two cases you suggested(good info in them).

I was thinking i would send the ITS letter as soon as the investigations are done with the two cases quoted in them and give them the time to either fix it or forget it(as well as give them the opportunity to report somemore, therefore increasing the fines).

I do appreciate your take on it though. Good to know i am on the right track here. Want to make sure that when i do file the suit that i have my ducks in a row and good solid case so that I can win or that they will decide to settle out of court.

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Careful though... With that size of debt, it might come down to a game of chicken since the most you could hope for is $1000 in statutory damages under the FDCPA. You might want to research the FCRA a bit more and double up on your claims (you can get $1000 there too). However, the FCRA is quite a bit more nebulous than the FDCPA. Some sections you can bring suit for violations, and other sections only be enforced the FTC or state attorney general.

If your state allows you to have a lawyer in small claims court, you may want to throw that out there at the JDB too. If you win a FDCPA suit, the JDB will have to pay your lawyer's fees, which is likely even more than the $1000 you'd be awarded. They'd be utterly stupid to hire a lawyer and then have to pay for yours too--as long as you have excellent records and exhaust other avenues at resolution first.

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No, you can only get $1000 from both the FDCPA and FCRA. Multiple violations do not "stack". I don't really have the time at the moment to search for it, but there is case law somewhere that clarifies that.

You also can't get punitive damages in small claims (in most jurisdictions, at least). So the most you can hope for is $2k with both FDCPA and FCRA claims, unless you want to go to "real" court with a lawyer and try to lump in harassment, slander, defamation of character, IIED, and other such nonsense.

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