I want to sue a collection agency

[plashes]

Hello All:

I need some help in preparing a lawsuit for small claims court.  I have a collection agency who has failed twice now to provide me with validation of an alleged debt.  I have even disputed this with Equifax and they sent correspondence back updating the account number and amount of the alleged debt. I filed a complaint with our local Office of Consumer Protection.  The collection agency sent them a copy of a billing statement with medical procedure listed on it. The Office of Consumer Protection suggested that I obtain an attorney. 

So.... does anyone have a sample complaint that I can use as a guideline to prepare my own complaint?  Thank you in advance for any help you can provide.

[BV80]

2 minutes ago, plashes said:

Hello All:

I need some help in preparing a lawsuit for small claims court.  I have a collection agency who has failed twice now to provide me with validation of an alleged debt.  I have even disputed this with Equifax and they sent correspondence back updating the account number and amount of the alleged debt. I filed a complaint with our local Office of Consumer Protection.  The collection agency sent them a copy of a billing statement with medical procedure listed on it. The Office of Consumer Protection suggested that I obtain an attorney. 

So.... does anyone have a sample complaint that I can use as a guideline to prepare my own complaint?  Thank you in advance for any help you can provide.

When did you request validation?   Was it within 30 days after receiving a collection letter that contained the 30-day validation notice?

[plashes]

I never did receive a collection letter that contained the 30-day validation notice. I just recently pulled my credit report and saw it on there... it is only on my Equifax report but not the others. I requested validation in July and August. In September is when I filed a Complaint with the Office of Consumer Protection.  That office advised me to retain an attorney to file a small claims suit against them.

[BV80]

5 minutes ago, plashes said:

I never did receive a collection letter that contained the 30-day validation notice. I just recently pulled my credit report and saw it on there... it is only on my Equifax report but not the others. I requested validation in July and August. In September is when I filed a Complaint with the Office of Consumer Protection.  That office advised me to retain an attorney to file a small claims suit against them.

Validation is a term used in the FDCPA in regard to an "initial communication".    That communication is the first letter you receive from a collection agency which should contain the 30-day validation notice.   The only time a collection agency has to respond is if you send a validation request within 30 days of receiving that letter.   Finding an entry on your credit report does not constitute an initial communication.

1692g(a) and (b):

(a) Notice of debt; contentsWithin five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing—(1)

the amount of the debt;

(2)

the name of the creditor to whom the debt is owed;

(3)

a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4)

a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5)

a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) Disputed debts

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.

 

Did you dispute the credit report entry with the credit reporting agencies?

[plashes]

I did dispute with Equifax... that is when the account number and amount were updated. I filed a complaint with the FDCPA and that was closed because they said that Equifax is simply reporting what is being provided to them.  This alleged debt has never been validated. In addition, no one has ever marked "Disputed" on my credit report.

[BV80]

10 minutes ago, plashes said:

I did dispute with Equifax... that is when the account number and amount were updated. I filed a complaint with the FDCPA and that was closed because they said that Equifax is simply reporting what is being provided to them.  This alleged debt has never been validated. In addition, no one has ever marked "Disputed" on my credit report.

The collection agency was still not required to "validate" the debt with you. 

What you do mean you filed a complaint "with" the FDCPA?    I apologize for not understanding what you mean.

[plashes]

My apologies... should be CFPB.  So, if I understand correctly, they do not have to validate an alleged debt if they have no proof of delivery of the initial 30-day correspondence?  In addition, what laws do we have to protect us if they continue to manipulate information that they are submitting to the credit bureau? I suppose I should retain an attorney for this one. And last, I thought they still had to mark our credit report as disputed?

[BV80]

44 minutes ago, plashes said:

My apologies... should be CFPB.  So, if I understand correctly, they do not have to validate an alleged debt if they have no proof of delivery of the initial 30-day correspondence?  In addition, what laws do we have to protect us if they continue to manipulate information that they are submitting to the credit bureau? I suppose I should retain an attorney for this one. And last, I thought they still had to mark our credit report as disputed?

They don't have to have proof of delivery.  They can just claim they never sent an initial communication.  

Yes, they are supposed to report that the debt has been disputed.  However, can you prove you sent them a dispute?   Did you send it by certified mail?

Are they reporting the account incorrectly?

[plashes]

Yes, I do have proof that I disputed the account. Both disputes went by certified mail. They still have failed to mark my credit report as the account is "Disputed". I have no idea as to if it is being reported correctly because as stated above they have changed the account number and the $$$ amount.  

[BV80]

Just now, plashes said:

Yes, I do have proof that I disputed the account. Both disputes went by certified mail. They still have failed to mark my credit report as the account is "Disputed". I have no idea as to if it is being reported correctly because as stated above they have changed the account number and the $$$ amount.  

In that case, speak to a consumer attorney.

Go to the following link to find a consumer attorney in your area.

http://www.consumeradvocates.org/find-an-attorney

[plashes]

OK.... thank you!

[Clydesmom]

57 minutes ago, plashes said:

Yes, I do have proof that I disputed the account. Both disputes went by certified mail. They still have failed to mark my credit report as the account is "Disputed". I have no idea as to if it is being reported correctly because as stated above they have changed the account number and the $$$ amount.  

The problem is this isn't an FDCPA issue this is a FCRA issue and there is no private right of action under the FCRA.  Add to that all they are required to do is update the trade line as accurate and they are off the hook.  In order to prevail under the FCRA you have to have provable damages.  Do you have any other than they have not changed the trade line?

As to the account number changing if it changed collection agencies then the number would change as each agency is required to give it a unique account number.  The amount could also be changing if there is legally allowed interest accruing.

[BV80]

17 minutes ago, Clydesmom said:

The problem is this isn't an FDCPA issue this is a FCRA issue and there is no private right of action under the FCRA.  Add to that all they are required to do is update the trade line as accurate and they are off the hook.  In order to prevail under the FCRA you have to have provable damages.  Do you have any other than they have not changed the trade line?

As to the account number changing if it changed collection agencies then the number would change as each agency is required to give it a unique account number.  The amount could also be changing if there is legally allowed interest accruing.

A failure to report a debt as disputed is a violation of the FDCPA (1692e(8)).

If the CA updated its entry after receiving her dispute, it violated the Act.

[seaton]

they also have to send you notice of collection along with your rights and opportunity to dispute.  contact an attorney :  http://www.consumeradvocates.org/find-an-attorney   you can always find damages!  Has your appetite decreased?  Are you having trouble at work because you are worried about this report that you never received any communication on?  You have damages...

[BV80]

1 hour ago, seaton said:

they also have to send you notice of collection along with your rights and opportunity to dispute.  contact an attorney :  http://www.consumeradvocates.org/find-an-attorney   you can always find damages!  Has your appetite decreased?  Are you having trouble at work because you are worried about this report that you never received any communication on?  You have damages...

If you're referring to a collection letter, then no.   The  FDCPA does not require that a letter be sent before reporting to credit reporting agencies or even filing a lawsuit.

In regard to actual damages, the OP can ask for them, but it's doubtful such damages would be awarded based upon a collection agency's failure to report the debt as disputed on his credit report.