countersue Posted May 24, 2021 Report Share Posted May 24, 2021 .. Quote Link to comment Share on other sites More sharing options...
BV80 Posted May 24, 2021 Report Share Posted May 24, 2021 Just now, countersue said: Hi, I was wondering if anyone knew if I could still sue a Junk Debt buyer for an FDCPA violation, if they closed the account and took it off my credit report? If I sue them, can they counter sue or reopen the account. I did not sign anything with them nor waive any of my rights. Mainly curious if they are allowed to re-open the account and make a counter claim. Thank you for your time. How did they violate the FDCPA? Is the debt still within the SOL? Quote Link to comment Share on other sites More sharing options...
countersue Posted May 24, 2021 Author Report Share Posted May 24, 2021 ? Quote Link to comment Share on other sites More sharing options...
BV80 Posted May 24, 2021 Report Share Posted May 24, 2021 2 minutes ago, countersue said: They never sent me the initial debt collection letter required within the first 5 days of communication. I realize that would be tough to prove, but I emailed them 3 times about it with no response. But my smoking gun is, they also didn't mark the collection on my credit report within 30 days, as disputed. And for that claim I have everything archived, printed out, and have screen shots as well. It is within the SOL. I am willing to sue them, but was curious if they could counter sue for the alleged debt or reopen the account? They emailed me the account is closed with their office. Can they re-open it if I sue? If you are referring to credit reporting as the initial communication, courts that have ruled on the issue have ruled that credit reporting is not considered to be an initial communication that triggers the requirement to send the 30-day notice. Also, you are in the 7th Circuit. The 7th Circuit Court of Appeals has cracked down on FDCPA claims. Thus, Casillas cannot demonstrate standing simply by pointing to Madison's procedural violation. She must show that the violation harmed or "presented an `appreciable risk of harm' to the underlying concrete interest that Congress sought to protect." Casillas v. Madison Ave. Assocs., Inc., 926 F.3d 329, 333 (7th Cir. 2019). You would have to show that credit reporting is an initial communication and that the failure to send you the 30-day notice harmed you. It would have to be an actual harm such as causing you to pay a debt you didn’t owe or something to that effect. And yes, since the debt is still within the SOL, they could counter sue. Quote Link to comment Share on other sites More sharing options...
countersue Posted May 24, 2021 Author Report Share Posted May 24, 2021 . Quote Link to comment Share on other sites More sharing options...
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