sillymonkey Posted September 9, 2013 Report Share Posted September 9, 2013 I found some FDCPA violations by the OC's CA - they were asking for all attorney fees + the alleged amount they said was due was $1K more than what was alleged in the original court complaint. They can't say it's interest because the OC's alleged amount clearly stated at 0%. I was wondering if I can bring these claims back to court - small claims court or state court? I'm hoping I can do small claims as I think there are fewer procedures to follow? Thanks again everyone!! Link to comment Share on other sites More sharing options...
DonqIII Posted September 15, 2013 Report Share Posted September 15, 2013 I find this to be a bit sketchy. I assume you were sued in small claims court? Was this by the OC? In otherwords, was the plaintiff listed as the OC? If it was OC then FDCPA will not apply to them. You would need to file ca claim againt the CA either in Federal court or initiate an arbitration against the OC naming the CA as a respondent.... But again different claims, other then FDCPA would need to apply to the OC. If , however they have sold the account a JDB would be covered Link to comment Share on other sites More sharing options...
sillymonkey Posted September 16, 2013 Author Report Share Posted September 16, 2013 The OC is the plaintiff but I have claims against the CA for the OC. So I guess a new claim against the CA via the OC in JAMS would be best... Link to comment Share on other sites More sharing options...
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