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I want to sue a collection agency


RNJ
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On Jan.2, 2013 Collection Agency XYZ called me about a debt they say I owe from a totaled car that owned back in 2003.  This was the first I ever heard from them or the debt.  I explained to them that my car was totaled and that my insurance company paid off the loan.  They told me this was not true.  I asked the collection agency to send me something in writing, as this was the first I heard about this debt.  They refused and try to get me to set up payments.  When I asked them for there mailing address they also refused to give it to me.  I told them they were a fraud and abruptly hung up the phone on them.  

 

Once I got off the phone with them, I did some research on Google about XYZ.  They are a junk debt buyer.  I called the FTC and the Georgia Dept of Consumer affairs to file a formal complaint against them as i felt I was being harassed.  

 

About 3 weeks later, I received a letter from XYZ dated Jan. 13, which is 11 days after our first contact.  In this letter they stated that I have the right to validate the debt in writing.  I did send them a DV letter on Feb. 11 which they signed for Feb. 20.  They haven't responded to my request, yet they continue to call me.  I had two voice mails from them last week.

 

I need some suggestions as to what to do now?  I wanted to sue them for FDCPA violations, however, I was told by the small claims court here in Savannah GA that I have to file in the location where XYZ is located.  They are located in another state at least 7 hours away.

 

Please give me some feedback.

 

Thanks

Rjeffery1 =) 

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That can't be right!! Hopefully somebody peachy will see this and advise. I mean, the business is conducting business where you live, clearly. Also look into your states specific laws that state where you must file, say, your code of civil procedures.

Does Georgia have state debt collection laws as well? For example, my state also has Rosenthal which can also be used. Just a thought.

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Many clerks are misinformed and go with the standard answer. When I have been up against that in Washington I simply stated that Rule XX says differently and I insist you file it and let the judge decide. I realize I will not get my filing fee back. I also always addressed jurisdiction straight up, so the judge had to see the cited code that granted jurisdiction. Once I had a clerk get very obstinate about it and I had to ask her if she was giving legal advice, that shut her down real fast.

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Open and shut case (as to jurisdiction) file it at your local court (if they are a court of comptent jurisdiction) or the closest federal courthouse and stop listening to clerks.   It's crystal clear in the FDCPA that an action can be brought in any court of comptent of jurisdiction.  Also them calling you and sending you letters, they are submitting the jurisdcition where you are and those are "contacts"  sometimes known as "minimum contacts" but for FDCPA purposes that's not even needed.   You can sue them in your own back yard, in fact, that is one of the most powerful protections a pro-se litigant has.   They have to come to you.   I'm suing one righ now and I can literally walk to the courthouse if I had to.   They can't say the same thing, for sure. 

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Thank you to all for your help.  Just wanted to give everyone an update.  I hired an attorney who is going to file my lawsuit.  He states that the CA violated my rights a few times.  Once when they called me and failed to state who they were on my voicemail.  The second is when they threaten to garnish my wages when they have no intentions to do so, as the debt is beyond the statutes of limitations. Third, failing to notify me in writing within 5 days, And fourth, by continuing collecting activity after a DV letter has been sent to them via certified mail return receipt requested.  The attorney has agreed to have any of his fee's paid for by the defendant, so I am not out of any money (except the cost for the mail service).  

 

I will update everyone once I have new information.  Once again, thank you for all your advice.  

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Thank you to all for your help.  Just wanted to give everyone an update.  I hired an attorney who is going to file my lawsuit.  He states that the CA violated my rights a few times.  Once when they called me and failed to state who they were on my voicemail.  The second is when they threaten to garnish my wages when they have no intentions to do so, as the debt is beyond the statutes of limitations. Third, failing to notify me in writing within 5 days, And fourth, by continuing collecting activity after a DV letter has been sent to them via certified mail return receipt requested.  The attorney has agreed to have any of his fee's paid for by the defendant, so I am not out of any money (except the cost for the mail service).  

 

I will update everyone once I have new information.  Once again, thank you for all your advice.  

 

Sounds like you got a lawyer who knowns how to do battle.  Good for you! 

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Great Job! Don't let up on them.

 

If it turns out to be a "legitimate debt" make sure they cancel the debt, remove any trade lines on your credit report and agree not to issue a 1099C. In other words everything disappears in addition to paying you and your attorney for your trouble.

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