Juicy11 Posted August 30, 2012 Report Share Posted August 30, 2012 Hello, I am new to the boards! However, I am not new to credit issues. I'm about to go crazy with a collection agency in NC. (I live in SC.) I've sent them two DV letter the only response I got from them was a letter stating ... in short... that I didn't ask for validation Per Federal and State (N.C.) law so they aren't sending anything and I need TO CALL THEM! This really pi$$ed me off!!! They have continued to verify with the 3 CRA's. It is a medical collection but it's not mine. First let me say, I've read to stay away from small claims b/c the judge will throw it out. So, what I am looking for are case law that I can use in my letter and let them know I plan on filling in Federal court! Again, I am in SC! If anyone can help... I promise to share this journey from start to finish! The only reason I didn't put a name of the CO is due to google bots and I don't want them pulling up this forum before I even get started! Thanks for any help in advance! If hope someone can help me! Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted August 30, 2012 Report Share Posted August 30, 2012 If you can prove this is not your debt, I would say you have an FDCPA violation. Coltfan1972 can advise you per the FDCPA. Link to comment Share on other sites More sharing options...
BV80 Posted August 30, 2012 Report Share Posted August 30, 2012 What did you state in your DV request? Is this a CA who's collecting for the OC, or are you dealing with a JDB? Just curious. Link to comment Share on other sites More sharing options...
KentWA Posted August 30, 2012 Report Share Posted August 30, 2012 Many of us on this board will file in State Court with its lower filing fees, then the JDB removes it to Federal Court and pays the fees to do so, saving you a bunch of money. Link to comment Share on other sites More sharing options...
Juicy11 Posted August 30, 2012 Author Report Share Posted August 30, 2012 (edited) BV80Thanks guys for your help! I will post my last DV letter in the morning it's at my office. Or the response I sent them to their last letter claiming they don't have to validate! Edited August 30, 2012 by Juicy11 My iPad and typing 2 fast Link to comment Share on other sites More sharing options...
Juicy11 Posted August 30, 2012 Author Report Share Posted August 30, 2012 Yes, it's JDB ... It's Mid Landz Cred Mand in NC Anyone had problems with them? Link to comment Share on other sites More sharing options...
usagi555 Posted August 31, 2012 Report Share Posted August 31, 2012 Many of us on this board will file in State Court with its lower filing fees, then the JDB removes it to Federal Court and pays the fees to do so, saving you a bunch of money.$132 v $350. If they don't byte, well, plan on educating the judge about the FDCPA. Link to comment Share on other sites More sharing options...
KentWA Posted August 31, 2012 Report Share Posted August 31, 2012 $132 v $350. If they don't byte, well, plan on educating the judge about the FDCPA.Very, very rare. However this is Midland and their insurance carrier requires removal and early settlement. Link to comment Share on other sites More sharing options...
Juicy11 Posted August 31, 2012 Author Report Share Posted August 31, 2012 Very, very rare. However this is Midland and their insurance carrier requires removal and early settlement.This is great to know! May I ask how you know this? I have a LOT to learn Link to comment Share on other sites More sharing options...
usagi555 Posted August 31, 2012 Report Share Posted August 31, 2012 Very, very rare. However this is Midland and their insurance carrier requires removal and early settlement.Good to know that their insurance carriers require this. It gets a little different when your FDCPA claims are counter claims though. Claims under the FDCPA are not compulsory counter claims. That means that the federal court has no subject matter jurisdiction over the contract claims under state law;) And if you have FDCPA claims against the attorneys that you can show vicarious liability on the JDB's part, well, why not just drag them in as third party defendants too. Link to comment Share on other sites More sharing options...
KentWA Posted August 31, 2012 Report Share Posted August 31, 2012 This is great to know! May I ask how you know this? I have a LOT to learn A little birdie "Discovered" this. The real interesting thing is, the cost of retaining an FDCPA lawyer and paying out the $1,000 for FDCPA is below their deductible. However they must inform their carrier of *all* FDCPA claims and counter claims. The carrier runs the whole show after that and they will remove. I have dozens of docket listings from my district where Midland had FDCPA counter claimed, case taken away from their rent a lawyer and assigned to the insurance carriers standard defense lawyer, and it was settled out. Link to comment Share on other sites More sharing options...
usagi555 Posted August 31, 2012 Report Share Posted August 31, 2012 A little birdie "Discovered" this. The real interesting thing is, the cost of retaining an FDCPA lawyer and paying out the $1,000 for FDCPA is below their deductible. However they must inform their carrier of *all* FDCPA claims and counter claims. The carrier runs the whole show after that and they will remove. I have dozens of docket listings from my district where Midland had FDCPA counter claimed, case taken away from their rent a lawyer and assigned to the insurance carriers standard defense lawyer, and it was settled out.Soooo, what you're saying, is that for FDCPA cases where there are only statutory damages, they say "Hey, rent-a-lawyer, you're anything but top notch. We're taking the case over. Midland, that'll be a $5,000 retainer that you have to pay our attorney. Plaintiff, here's a rule 68 settlement offer for $1,001." Link to comment Share on other sites More sharing options...
Credithis Posted August 31, 2012 Report Share Posted August 31, 2012 SC has laws that mirror the FDCPA.Go here, of course its like Federal the limit to sue under is 1K.South Carolina Legislature MobileYou could keep it in state court and not claim FDCPA so they cannot remove it to Federal if you like as long as you claim SC State laws. Link to comment Share on other sites More sharing options...
BV80 Posted August 31, 2012 Report Share Posted August 31, 2012 SC has laws that mirror the FDCPA.Go here, of course its like Federal the limit to sue under is 1K.South Carolina Legislature MobileYou could keep it in state court and not claim FDCPA so they cannot remove it to Federal if you like as long as you claim SC State laws.Yes, the SC collection laws mirror the FDCPA, but unfortunately they don't include anything about validation. Hopefully, she has some other claims against Midland.Regarding Midland's claim that she didn't ask for validation per NC law, I don't know what the heck they're talking about. She's not required to abide by NC law. Midland is, however, liable under SC law. Link to comment Share on other sites More sharing options...
BV80 Posted August 31, 2012 Report Share Posted August 31, 2012 We need to know exactly what they said to her in their response to her DV. Link to comment Share on other sites More sharing options...
Seadragon Posted September 1, 2012 Report Share Posted September 1, 2012 If I am not mistaken, BV is a female. I think I once saw her post awhile back about her husband. Especially since here in California Marital designations of someones spouse might not necessarily denote somes gender. Just saying sometimes it is easier to ask than "assume" (standard military definition applies) Link to comment Share on other sites More sharing options...
Juicy11 Posted September 7, 2012 Author Report Share Posted September 7, 2012 Responce DV letter coming ASAP! I want to thanks everyone for the responce!Sorry for my delay I've been in the hospital. I just got home yesterday afternoon! Link to comment Share on other sites More sharing options...
Juicy11 Posted September 7, 2012 Author Report Share Posted September 7, 2012 Yes, the SC collection laws mirror the FDCPA, but unfortunately they don't include anything about validation. Hopefully, she has some other claims against Midland.Regarding Midland's claim that she didn't ask for validation per NC law, I don't know what the heck they're talking about. She's not required to abide by NC law. Midland is, however, liable under SC law.So in SC, they do not have to validate? I'm confused! Can I scan and upload the letter to this site or do I need to type it out? Link to comment Share on other sites More sharing options...
Juicy11 Posted September 7, 2012 Author Report Share Posted September 7, 2012 Here is the letter below.XXX NameMy ADDRESSXXXRE:XXXXThis letter is in response to your formal request for validation of debt dat4ed 7/3/2012. Our client, Carolina XXX, referred your bad debt to our office for collections on 6/14/2011. We mailed an initial collection notice on 7/1/2011 to the same address noted in your request. That communiction included iinformation regarding your right to request validation information.YOU never responded to that notification. Per Federal and State (N.C.) law, we are no longer required to provide you with validation information, as your time to request that expired 30 days afterthe date of your initial notificaiton. We recommend that you call oiur office IMMEDIATELY to discuss the proper way to resolve your debt with your clients.Sincerely,JDB Link to comment Share on other sites More sharing options...
Juicy11 Posted September 7, 2012 Author Report Share Posted September 7, 2012 I also wanted to add I have USAA Tri merge credit mointering service. The CA dropped of TU but has stayed on EQ and EX!! HELP Link to comment Share on other sites More sharing options...
KentWA Posted September 7, 2012 Report Share Posted September 7, 2012 When did you receive the first communication from them? When did you DV?If I assume you did not get their 7/1/2011 letter and only just received the first letter, then you can hit back. Send them a nice letter that states the first communication from them received by you was dated xx/xx/2012 and was received by you on xx/xx/2012. Under the FDCPA the validation period begins when the consumer receives the first communication, not when the collector sends it. Therefore you properly requested DV. That just gives them a chance to screw it up further, I would not try to go after them solely for failure to DV, but if you get more violations I would include it.Note for others reading this thread. I always stop this early by citing the date of the first letter I got, date I received it and that it is the first communication from them. Link to comment Share on other sites More sharing options...
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