Drake Savory Posted April 2, 2011 Report Share Posted April 2, 2011 I have them cold on a violation of FDCPA §808(1) and they also violated FDCPA §809(a) [but I'm sure they will testify that they have systems in place]. I've just started with this JDB and I'm wondering if I should be proactive and sue them immediately or not. I'm sure they will violate the FDCPA more if I let them, but isn't it a limit of $1000 per court case? Link to comment Share on other sites More sharing options...
Recovering Attorney Posted April 2, 2011 Report Share Posted April 2, 2011 actual damages and a staturoy award of Up to 1K. And yes, it is per case, not per violation. The FDCPA has a one year SOL Link to comment Share on other sites More sharing options...
antiquedave Posted April 2, 2011 Report Share Posted April 2, 2011 FDCPA is pretty consumer friendly, 1 violation can be enough, but as stated above 1 per case regardless of the number of violations, but does your state laws have any other possible violations? Link to comment Share on other sites More sharing options...
Drake Savory Posted April 2, 2011 Author Report Share Posted April 2, 2011 So should I sue as soon as they violate? Is there any reason to not sue and countersue if they sue me? Link to comment Share on other sites More sharing options...
getmeouttahere Posted April 2, 2011 Report Share Posted April 2, 2011 Sue them ASAP. Link to comment Share on other sites More sharing options...
KentWA Posted April 3, 2011 Report Share Posted April 3, 2011 The FDCPA is a strict liability statute and one violation should be enough, however there have been planty of intances where a judge have let them off on one mistake. If you keep on them they will violate again and again. If you can show a pattern of violations and abuses of consumers you have a much stronger position.That being ssaid a couple of the big JDBs have been in hot water in AZ over the last couple of years. You did not say which JDB this is, but I would research them and determine if there is a history there. In one case over half the case law I cited in my filings where cases with their name on it, so I knew that I could prove a pattern of misconduct.809(a) is pretty easy for them to get out of, they say they mailed it and you are unable to prove it. Work them hard and you will likely have a laundry list of violations very soon and build a much stronger case. Link to comment Share on other sites More sharing options...
Drake Savory Posted April 4, 2011 Author Report Share Posted April 4, 2011 OKSo let's say I decide on a preemptive strike and sue them. How do I find out how to do that pro per or do I need to get an attorney? Link to comment Share on other sites More sharing options...
Drake Savory Posted April 4, 2011 Author Report Share Posted April 4, 2011 OKSo let's say I decide on a preemptive strike and sue them. How do I find out how to do that pro per or do I need to get an attorney?Nevermind, I didn't realize I could file in small claims for each violation. Link to comment Share on other sites More sharing options...
12o'clocksomewhere Posted April 6, 2011 Report Share Posted April 6, 2011 The FDCPA is a strict liability statute and one violation should be enough, however there have been planty of intances where a judge have let them off on one mistake. If you keep on them they will violate again and again. If you can show a pattern of violations and abuses of consumers you have a much stronger position.That being ssaid a couple of the big JDBs have been in hot water in AZ over the last couple of years. You did not say which JDB this is, but I would research them and determine if there is a history there. In one case over half the case law I cited in my filings where cases with their name on it, so I knew that I could prove a pattern of misconduct.809(a) is pretty easy for them to get out of, they say they mailed it and you are unable to prove it. Work them hard and you will likely have a laundry list of violations very soon and build a much stronger case.How do you look up cases with the JDB that is sueing you? Link to comment Share on other sites More sharing options...
antiquedave Posted April 10, 2011 Report Share Posted April 10, 2011 OKSo let's say I decide on a preemptive strike and sue them. How do I find out how to do that pro per or do I need to get an attorney?I'm a fan of the consumer attorneys, they take it on contingency and they are experienced and do all the heavy lifting, plus they can sometimes get the underlying debt eliminated too.I've got enough to worry about Link to comment Share on other sites More sharing options...
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