Jump to content

Time to sue a JDB...need help with ALL the violations!! Help!


Recommended Posts

The basics:

 

In October of 2012, a suit was filed against me by Equabl a$$ Scent for an old Chase debt for about $12K.  They attempted to serve me 12/17/12 at my in-law's house in Nevada...the only problem is that I don't live in that state and haven't for 8 years.  And NO...the debt wasn't signed for or acquired there.

 

So....JDB is the current holder

 

Sued me in the wrong state.

 

Attempted service at an address where I never lived.  Had my Mother in Law call me on her cell phone

and said that I was being sued for $12K by EAF.  Process server was informed that I do not live in the

state of Nevada and an Attempted Service Affidavit was filed with the courts.  Yet the case has not been

dismissed. 

 

Ignored 4 separate DV letters that included my real address (sent CMRRR).

 

Now, my in-law's received a letter from the lawyer addressed to me at my in-law's address stating that it was time to negotiate with them.  They stated "As you know from our prior communications...." .  I have

never spoken to the law firm. 

 

Their next move (I would guess) is to start publishing my name in the Las Vegas newspaper and from that

I will be considered "served".  When that begins to happen, I will be truly violated and humiliated.  They have

requested that a Judge approve "Service by Publication" so I will be watching online for this to be approved. 

I watch the docket daily and have ordered a subscription to the Las Vegas Review-Journal. 

 

So...tell me what I need to do first.  I live in Idaho...do I file locally?  I'm truly very stressed that my in-laws

are sifting through the constant letters from the law firm and having to deflect process servers.  I really

didn't need that....they already think I'm a creep for marrying their baby boy 20 years ago. 

Link to comment
Share on other sites

You definitely have violations.  However, in an FDCPA suit, no matter how many violations are committed, the max in statutory damages that can be awarded to you is $1000.  In fact, the court award less, if it chooses.

 

BUT, you can be awarded punitivie damages based upon mental anguish, etc.  That might include embarrassment.  I'd sure be embarrassed if my mother-in-law learned about the suit the way your's did.  IF your name was published in the Las Vegas newspaper, you might have an even stronger claim for embarrassment or mental anguish.

 

Certain aspects of an FDCPA complaint have to show intent on the part of the CA/JDB.  The fact that you sent DV letters that included your current address might support a claim that they were negligent in filing the suit in the wrong venue. 

 

When did you send those letters?  Before or after the suit was filed?

  • Like 1
Link to comment
Share on other sites

Just to embellish a bit on what BV80 said, you can collect damages for emotional distress, etc., but these must be separate counts in any complaint you file. These would be state counts. The FDCPA does not provide for punitive damages. It is also a violation for a creditor to reveal any details of a debt to a third party. Coltfan sued on this and won. They can call your relatives and ask for your contact info, but they cannot talk about the debt.

Link to comment
Share on other sites

I've called the courts and asked about that.... $275 filing fee and they will accept my motion.

I'm not going to pay the state of Nevada to defend myself on something like this when I've been

writing to this JDB since February 2011 with my correct Idaho address. 

Link to comment
Share on other sites

You definitely have violations.  However, in an FDCPA suit, no matter how many violations are committed, the max in statutory damages that can be awarded to you is $1000.  In fact, the court award less, if it chooses.

 

BUT, you can be awarded punitivie damages based upon mental anguish, etc.  That might include embarrassment.  I'd sure be embarrassed if my mother-in-law learned about the suit the way your's did.  IF your name was published in the Las Vegas newspaper, you might have an even stronger claim for embarrassment or mental anguish.

 

Certain aspects of an FDCPA complaint have to show intent on the part of the CA/JDB.  The fact that you sent DV letters that included your current address might support a claim that they were negligent in filing the suit in the wrong venue. 

 

When did you send those letters?  Before or after the suit was filed?

I wrote these letters from February 2011 to January 2012 and the lawsuit was filed in October of 2012.  They have hired a number of CA's to collect the debt (4 so far that I know of).  Every time I write a letter to a CA...they hire a new one.  But, I've sent letters directly to the JDB also.    AND...the address where I live has been my address for almost 20 years.  The OC managed to send my statements to this address since I was 19 without a problem.  Not sure why they are suing me in Nevada now. 

Link to comment
Share on other sites

BUT, you can be awarded punitivie damages based upon mental anguish, etc.  That might include embarrassment.  I'd sure be embarrassed if my mother-in-law learned about the suit the way your's did.  IF your name was published in the Las Vegas newspaper, you might have an even stronger claim for embarrassment or mental anguish.

 

Certain aspects of an FDCPA complaint have to show intent on the part of the CA/JDB.  The fact that you sent DV letters that included your current address might support a claim that they were negligent in filing the suit in the wrong venue. 

 

Actual there is no punitive damages for any reason under the FDCPA but there are emotional distress.   Also there is no intent element required for any damages, including emotional distress, under the FDCPA.  However, obviously, if you could show intent it might boost the damages a jury might award.  In my depostion Saturday I freely admitted that I in no way thought the other side intended to break the FDCPA and/or cause me emotional distress but state elements of intent, shock and outrage are not elements in an FDCPA action show your client owes me for emotional distress just the same. 

  • Like 1
Link to comment
Share on other sites

Just to embellish a bit on what BV80 said, you can collect damages for emotional distress, etc., but these must be separate counts in any complaint you file. These would be state counts.

 

No, they would not have to meet the state elements of emotional distress to be awarded in a federal FDCPA suit.  It's the reason you should sue in federal court where you don't have some state judge trying to make you prove state elements. 

Link to comment
Share on other sites

Coltfan1972, I've been waiting for you to chime in. 

 

I've gained 20 lbs worrying about this.  My husband

is about to leave me because I spend all night on this forum and not in bed with him.  My in-laws think

I'm a hussy that runs up bills.  The shock, outrage, emotional distress is unending.  I'm going to need

at least $10K in damages for that tummy tuck/breast lift to make me feel better.  AHAHAHAHAHA!!!! 

  • Like 1
Link to comment
Share on other sites

Seriously, go to the doctor and complain of stress.   When the doctor and/or nurse asks you what different events have been happening in your life, unload on them about this collection crap.   They will note it in your chart and I can assure you that you will be glad you did a few years later if this gets close to a trial !!!!!

  • Like 1
Link to comment
Share on other sites

I've got an appointment at the doctor regarding my stress levels.  I made sure to find a new doctor that isn't a personal friend/

neighbor since I live in the smallest town in the world.  Time to get all red-head crazy  xxHellxx  The hair color makes me more than capable.

 

On a more serious note...I spent the last two days on the phone looking for somebody to help me file this suit.  I called both

Atty Generals in Idaho and Nevada and both agree that I have a major violation.  They gave me a number of attorneys to call

and a website to look up consumer protection attorneys.  I called 51 attorneys.  As of 2pm today I have received one call back

from an attorney who obviously had never seen a FDCPA violation suit in his life and he said as soon as I send him $1800 for

a retainer, he'll take a look and see if a strongly worded letter would get the JDB to back off.  I laughed really hard into the phone.

 

I don't want them to back off....I want to sue them!!!!!! 

 

I think I will be going this alone. 

Link to comment
Share on other sites

No, they would not have to meet the state elements of emotional distress to be awarded in a federal FDCPA suit.  It's the reason you should sue in federal court where you don't have some state judge trying to make you prove state elements. 

 

 

Okay, I thinbk I have it, the FDCPA allows for emotional distress counts in federal court?

Link to comment
Share on other sites

I called 51 attorneys.  As of 2pm today I have received one call back

 

 

Welcome to the world of attorneys who have no clue, don't know how to fight, don't want to fight, and are just looking for their next easy score where they don't have to do any work. These attorneys are a shame on the legal profession. Occasionally they make the mistake of taking a case where they get somebody on the other side like us, then they wish they'd paid attention in law school instead of worrying about whether or not their next date had antlers or was in estrus.

 

 

My husband is about to leave me because I spend all night on this forum and not in bed with him.

 

 

There you go, there is a latin term for this, Ego non adepto ullus, (I did not get any) you may be able to use this. LOL

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.