LostMind Posted August 31, 2010 Report Share Posted August 31, 2010 What to do with all these violations?If the OC keeps sending different CAs and they all are committing violations do I just build my counter claim case and wait for them to sue? Is the OC responsible for the actions of the CA? It seems like I read that someone settled with the OC for zero dollars because of all the CA violations. Link to comment Share on other sites More sharing options...
chuckygee Posted August 31, 2010 Report Share Posted August 31, 2010 What to do with all these violations?If the OC keeps sending different CAs and they all are committing violations do I just build my counter claim case and wait for them to sue? Is the OC responsible for the actions of the CA? It seems like I read that someone settled with the OC for zero dollars because of all the CA violations.You should get legal advise if you want to attach the actions of a CA to the OC. Because of the fee shifting of FDCPA violations, getting an attorney to represent you should be pretty easy.That being said, usually the OC is not responsible for the actions of the CA. You can sue each of the CA separately for the violations. Normally the only way to attach the OC is if they are directly participating with the collection activities and violations through the CA or if the OC is pretending to be a CA using a different name.Get a NACA lawyer, shouldn't cost you a dime. Link to comment Share on other sites More sharing options...
LostMind Posted August 31, 2010 Author Report Share Posted August 31, 2010 chuckygee, Thanks for the info.I have an attorney wanting it but he needs a retainer even though he says if we loose I wont owe him anything and the other side would probably pay attorney fees if we win. I guess I need to shop around a little more. A follow up question, if I DV the CA and they don't validate and they don't stop collecting and I immediately get a letter from the OC saying to play nice with CA their my friend isn't this just a messy couple of violations at least? Would this be participation of the OC in not properly validating? So just to recap my understanding of the original question, If I am sued by the OC I could only list counter claims that involved the OC or its CA/attorney named on the suit. That makes sense. Link to comment Share on other sites More sharing options...
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