bdebtfree Posted December 3, 2008 Report Share Posted December 3, 2008 Ok...I've DV'd every CA that has contacted me or my wife. When it was her account I just had her sign the letters. Now one of hers is violating FDCPA by continuing collection efforts after a request for DV. I would like to sue them but her name is on everything. Mine is on nothing. If she gives me power of atty would the court recognize it? (In general of course. . . I know it varies state to state). Link to comment Share on other sites More sharing options...
admin Posted December 3, 2008 Report Share Posted December 3, 2008 Can you prove the continued collection activity after a DV? Recorded phone calls, letters, receipt of the delivery of the DV request? Even so, that's not a super strong case, I would dig for other violations. Link to comment Share on other sites More sharing options...
bdebtfree Posted December 5, 2008 Author Report Share Posted December 5, 2008 Absolutely. I sent DV requests via certified mail, return receipt requested. We have not received any phone calls, but have received letters threatening legal action within xx days. (Those days passed without any further activity, which I thought was a violation in itself). I responded by sending another letter saying they had violated the FDCPA with their threats and their refusal to validate debt and that I had not decided whether or not we would pursue legal action against them. I asked for DV again at that time and haven't heard anything. Link to comment Share on other sites More sharing options...
admin Posted December 5, 2008 Report Share Posted December 5, 2008 That sounds pretty solid to me if they've sent you nothing after your request. To proceed, I would get a lawyer. Try naca.net or search through our list of attorneys: http://www.creditinfocenter.com/legal/lawyers.shtml Link to comment Share on other sites More sharing options...
M&M Posted December 8, 2008 Report Share Posted December 8, 2008 Are they reporting the account on your credit reports? If so maybe you could go after them for this if the account was an individual account You may be able to be joined to a lawsuit if they file, but this may cause you trouble of your own. I would listen to Admin and ask a lawyer. Link to comment Share on other sites More sharing options...
Recommended Posts