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Suing a CA for not validating, what do I say on Small Claims Complaint?


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I am suing a CA for reporting (and comfirming to the CRAs) a debt for which they refuse to validate. I have all my USPS receipts etc for showing that I sent validation requests twice. I am now ready to file the complaint. As per Suffolk County, NY, I must fill out this form: http://www.nycourts.gov/courts/10jd/suffolk/dist/pdf/DC-283web.pdf What is the best thing to put for details of claim? Should I just say "Violation of FDCPA" and let it be, or should I be very verbose? Whats normal for small claims actions? Also, how much should I sue for? Not validating is $1,000. Is there something else I should also mention?

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If they choose to not validate and stop collecting, THAT IS LEGAL UNDER THE FDCPA!

If they choose not to validate, and continue collection action, that is actionable. (However, its not the most rock solid FDCPA action because what constitutes validation is a fairly easy burden to meet.)

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They have not contacted ME at all, but they continued to have the item listed on my CRA, and they refuse to return any of my written letters asking for ANY validation of this at all. The ONLY black mark I have on my CR is this, and I make SURE to validate anything that may show up. This is the first one I have had go this far...most will drop it once they get a validation letter. Not that I have had too many CA's go after me, but I think they should have to SOMEHOW validate this debt before being able to list it on a credit report, especially after I request validation in writing...

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However, it can be a FDCPA issue by reporting the debt to CRA they are POSSIBLY misrepresenting the debt under FDCPA.

However, if they report debt as "disputed", I don't think you have a FDCPA violation in this case. They chose to leave you alone, rather than validate, that is perfectly legal under FDCPA!

If your goal is to get them to leave you alone: you have won! Don't mess with the sleeping dog.

If your goal is to delete line item off credit report:

First dispute with CRA's

If it comes back verfied, then do a 623 letter to information furnisher. (link to this at very top of page on this site.)

Make sure you ask this scumbag to INVESTIGATE. Indicate it came back verified from CRA and you demand all the documents they have to prove this verification to CRA's. DEMAND EVERYHTING AND THE KITCHEN SINK! Especially the document where you expressly authorized this alleged debt.

If they erase, great.

If INFORMATION FURNISHER doesn't reply, send in a copy of the 623 letter to CRA with a letter detailing what you did AND TELL CRA'S IF YOU DON'T DELETE THE UNVERIFIED DEBT YOU WILL SUE THEM FOR REPORTING AN UNVERIFIED TRADE LINE. You can also sue the furnisher.

If they send something back that does prove the debt, you need to make to call if its enough to sustain the tradeline. Maybe get a lawyer to analyze.

I'd do all this first if you are suing under FCRA. FCRA IS NOT A STRICT LIABILITY STAUTE LIKE FDCPA. Under FCRA, you need your paperwork buttoned up tight or you are in for trouble in court.

Edited by trueq
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Well in this case its a CA reporting on my CR for a debt by a Cell Phone company. So you are saying I should send a letter to the Cell Phone company, and ignore the CA completely at this point? I have already disputed with the CRA, and they claim it was verified...

However, it can be a FDCPA issue by reporting the debt to CRA they are POSSIBLY misrepresenting the debt under FDCPA.

However, if they report debt as "disputed", I don't think you have a FDCPA violation in this case. They chose to leave you alone, rather than validate, that is perfectly legal under FDCPA!

If your goal is to get them to leave you alone: you have won! Don't mess with the sleeping dog.

If your goal is to delete line item off credit report:

First dispute with CRA's

If it comes back verfied, then do a 623 letter to information furnisher. (link to this at very top of page on this site.)

Make sure you ask this scumbag to INVESTIGATE. Indicate it came back verified from CRA and you demand all the documents they have to prove this verification to CRA's. DEMAND EVERYHTING AND THE KITCHEN SINK! Especially the document where you expressly authorized this alleged debt.

If they erase, great.

If INFORMATION FURNISHER doesn't reply, send in a copy of the 623 letter to CRA with a letter detailing what you did AND TELL CRA'S IF YOU DON'T DELETE THE UNVERIFIED DEBT YOU WILL SUE THEM FOR REPORTING AN UNVERIFIED TRADE LINE. You can also sue the furnisher.

If they send something back that does prove the debt, you need to make to call if its enough to sustain the tradeline. Maybe get a lawyer to analyze.

I'd do all this first if you are suing under FCRA. FCRA IS NOT A STRICT LIABILITY STAUTE LIKE FDCPA. Under FCRA, you need your paperwork buttoned up tight or you are in for trouble in court.

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If cell phone company is reporting, send it to them.

If CA is reporting, send it to them.

If both are reporting, send it to both!

Read "623 dispute" link at top of page!

Phone bill? how old?

Read this...

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=296443

If its over the 2 year Federal SOL! YOU DO HAVE A FDCPA CLAIM!! Misrepresenting the legal status of the debt!

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I meant of course a 623 complaint. Does anyone have a good sample letter for a 623 (B) complaint? I am finding a HUGE variation on this board and others as to what is and should be said...

Hi Joel,

Go to the top of the page and click on the link for the 623 mehod. Everything you need to know is there.

Follow that and then come back to us when they answer you. It takes time and can be frustrating - think of it as dating without paying for dinner :p

Good luck

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I beg to differ. Unlike most other methods on this site, the 623 section has no sample letter, and is very confusing, especially when your situation does not match the one being used in the example. From reading the forums on this board and others, I see that this method IS very new, and unlike standard validation, there does not seem to be agreement on exactly how to tackle matters.

In my case, from what I am gathering, I am requesting from the CA basically a copy of what they furnished to the CRA to verify the debt. If they cannot provide this, then their is cause for private action? For someone who does this often, or is well versed on these boards, putting together a letter based on just reading a law may be simple, but for someone like me who is a novice, especially at 623, sample letters help us make sure we don't mess anything up, which again, from my reading many of the credit boards, is easy to do with 623...

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If they have not responded to your DV request then I would say expect nothing more from a 623-investigation request, it is no majic bullet. As I recall sec 623 provides no private right of action. What it will do is to help bolster your case should you eventually sue them. When writing you must be specific in your request of what you want an investigation of, ie, amount, payment history etc. As for sample letters just keep it simple, rquest an investigation per 623 for what ever reason you choose appropriate.

If they have verified your CR disputes then you likely have them on FCRA violations. I would also encourage you to look into what your state laws offer as they may well provide additional ammo. Bring all the pieces together then go after them, IMHO failure to validate alone would be flimsy at best. Good luck.

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How about this:

Dear Sir or Madam:

I pulled my credit reports several times in the last year and see that you have decided to report inaccurate information with all 3 credit bureaus. I immediately disputed this information and the results of the investigation came back "verified". The thing is: You are reporting different information to each of the credit bureaus. How can you verify information that is different across all 3 bureaus?

Since I have disputed with the credit bureaus, and you obviously "verified" them, I am very curious as to what kinds of records you may have for this account. I am writing this letter pursuant to Section 623 of the Fair Credit Reporting Act. As a furnisher of information to the credit bureaus, it is your obligation to report accurate information. I have the ability to dispute with you pursuant to FCRA §623, and I am doing so. I’m sure you know that you have 30 days to respond to me or delete the item from my report. In case you are wondering, here are the applicable sections:

§ 623. (a)(8) ABILITY OF CONSUMER TO DISPUTE INFORMATION DIRECTLY WITH FURNISHER

§ 623. (B) DUTIES OF FURNISHERS OF INFORMATION UPON NOTICE OF DISPUTE

I may seek legal action under FCRA §623 (B) if you do not comply and respond to me with the results of the investigation in 30 days.

In order to clear up this matter, I require a complete timeline of payment and activity dates for this account from its inception to date, and proof of the validity of information you have erroneously provided to Experian, Equifax, and TransUnion regarding this account. I dispute this listing as it appears on my credit reports and require you investigate the accuracy of your tradeline. You have 30 calendar days from your receipt of this letter to investigate this information properly or delete your trade line from my credit reports.

If you don't respond with the results of the investigation within 30 days (as is required per the FCRA), I will assume you have no documentation and therefore you were negligent in providing the credit bureaus with accurate information.

To avoid a lawsuit, I request that you remove this item from my credit reports. Please correct this mistake as soon as possible.

I've sent that exact letter out about a year or so ago, and it worked for me 2 out of 3 times

the one below is basically for the really serious one - sent THIS one after the third original one got nowhere:

To Whom It May Concern:

I am in receipt of your letter to me dated March 5 2008, which I received on March 12 2008. In your letter you inform me that this debt has been sold and I should contact Arrow Financial for information. That’s not good enough. My letter was an investigation request pursuant to §623 of the FCRA. You were reporting inaccurate information to the credit bureaus, and are continuing to do so. In case you forgot, an FCRA §623 investigation requires you to prove to me the accuracy of what you report to the credit bureaus within 30 days from the original request (October 2007). You have sent me nothing but a “please contact Arrow Financial”. That is a direct violation of that Section. YOU are the ones reporting inaccurate information, so YOU are the ones who need to remedy the situation.

Since this is the third letter I have sent in an effort to clear up this matter of inaccurate reporting, a matter that you have not yet remedied, I am giving you 15 (fifteen) calendar days from your receipt of this letter to delete this tradeline from my credit reports, as you have not fulfilled any of your obligations under the FCRA.

If this item is not deleted from my credit reports within the 15-day time frame, I will discuss with my attorney the possibility of naming you as the Defendant in a civil suit for violations of the FCRA and the Washington State Consumer Protection Act.

Be advised that I will be filing complaints with the Washington and Delaware Attorneys General as well as the Better Business Bureau about your illegal actions if this item is not resolved to my satisfaction.

GIVE THIS LETTER THE IMMEDIATE ATTENTION IT DESERVES

Sincerely and Respectfully,

Good luck.

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  • 4 weeks later...

Ok, I sent the letter as suggested, and still not a peep out of the CA. 30 days from date of receipt is next week, so I am starting to prepare to file...if a CA doesn't reply to a validation, nor to a 623, do I have a rather clear case to go after them in small claims court? And if so, what do I charge them with?

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  • 2 weeks later...
Seems trivial, but I'm due in court (first time) against CRAP1 this week, without legal representation. What should I wear and what demeanor works?

You should've put this into a new thread. Maybe the admin can do that...

As to your question, are you appearing before a judge? If so, dress well unless you are certain it would be OK otherwise. A tie if you are a man, a business like outfit if you are a woman. That may be overkill. OTOH, would you rather be wearing a tie with their lawyer wearing jeans and a t-shirt, or would you rather be wearing jeans and a t-shirt and their lawyer comes in wearing a 3-piece suit?

For small claims, you might dress nicely and forget about the tie.

I used to debate in high school. I generally had long, unruly hair and often a beard. Hey, it was the 70s. However, before going to a debate tournament, I would shave, get a haircut, and put on a suit and tie. The stakes are higher in a court case, are they not?

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There is still a question that no one has answered, and reading the 623 dispute link only confuses further. Can I take 623 action on a CA who is listed on my CR as CA/OC? The OC is no longer directly ON my CR at all. The CA has not responded AT ALL to ANY 623 notices or verification notices, OTHER than to put "disputed" on my CR. This has cost me ALOT of money in lost credit availability, as my credit has taken a hit from this reporting. From reading the reply to posts on this thread, I should be able to now contact the CRA's and tell them the CA, who this debt was listed by, has not verified as per 623 with me, and thus they can't legally list it. However, when I read the 623 link, it makes it very clear it must be an OC, which I am having trouble determining who it is in this case. The OC never listed this on my credit report at all. It was never listed until they claimed I was in default, and they sold it to a CA. The CA is listing it as CA/OC. Can I use 623 against the CA, since in THIS case for my report they are the OC?

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What you are asking for is a sample complaint to use in court?

I can lift a FCRA complaint for you filed in federal court, but your state law may be better. than FCRA!

(Deceptive Trade Practice act when cRA said they "investigated" when they really did not to new FACTA Standards)

Call NCLC and ask for their "Consumer Credit and Usury Edition" July/August 2009 update on FACTA guidelines on what "investigation" EXACTLY means now! This is essential in writing lawsuit of this nature!

Unfortunately, not many lawyer use or under-utilize Deceptive Trade Practice Acts for this purpose. Let's face it, 623 dispute is hardly used outside this board.

I'm going to creat a state oriented 623 complaint under Deceptive Trade Practice act, but it will only be useful for my state, but I'm about 4 weeks away from working on it.

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