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HeatherK

I am filling an answer to a summons for an old CC debt where the sol expired. I am very confident that I will win with the affirmative denfense that the sol has expired. However, the summons includes the option to file a conterclaim/crossclaim along with the answer. I want to take full advantage of the counterclaim option because I feel the attorney representing the collection agency has violated my rights. My issues with him are:

1. His agents have called me as early as 6AM in the morning and as late as 11PM. I'm pretty sure they can't call before 8AM or after 9PM. I have cell phone records to show they have called outside of these hours

2. When I called them in response to the summons, the rep told me that they would ask the judge to put me in jail if I did not pay the debt before the court date. This I know is a violation.

3. I sent them a DV letter but all they sent me back was an "affidavit" from some lady in their homeoffice that "swears under oath" that the debt is mine and that I owe $XXXX!?!?! Nothing about how the amount was calculated, when the last payment was made or any actual documents or copies. When I called them, they told me that they did not need to provide me with any of the items in the DV letter.

So is there a standard "per violation" penalty rule that I can apply when filing my counterclaim? How much should I ask in my counterclaim?

Thanks a bunch!

Guest · Posted: Thu Apr 17, 2008 10:02 am Subject:

(a) Amount of damages
Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of—

(A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000

Does that mean that if they violated 1692f, 1692e(2) 1692e(10) 1692g(4) that you are entitled to $,1000 or is it $1,000 for each violation, being $4,000 in this case?

No Nonsense Collector · Posted: Thu Apr 17, 2008 10:34 am Subject:

So you skip out on your debt and now you want to sue those who were just rightfully trying to collect what you owe? Have you always been this much of deadbeat? How about getting a job and paying your bills instead of living as a freeloader?

When you try and be cute and file a countersuit, the collector will just ratchet up the damages and take you for even more. You don't know what you're playing with. You're better paying what you owe and slinking away.

Guest · Posted: Thu Apr 17, 2008 10:58 am Subject:

Skipping out on a debt is wrong yes. Consumers have guidelines to follow and suffer if they are not met. BUT Collection Agencies have guidelines to follow also and if they followed these guidelines, people would not have to counter sue. It should also be made clear that sometimes there are errors made and proof is provided, but that does not set free the fact that a collection agency violated the law. People should still be compensated for errors.

NO NONSENSE= TURD · Posted: Thu Apr 17, 2008 11:00 am Subject: RE

No Nonsense, you come on this site constantly only to trash talk and name call. I seriously recommend you spend less time squabbling with people who have had hard issues to deal with and get yourself a life.

Guest · Posted: Thu Apr 17, 2008 11:51 am Subject:

NNC, you talk about SLINKING AWAY, you're the only snake that I know that does that, SO, WHY DON'T YOU SLINK AWAY BACK TO YOUR HOLE!

Posted: Thu Apr 17, 2008 8:34 pm Subject: No Nonsense Collector

No nonsense Collector seems to believe that all sleazy debt collectors will be able to continue to run wild and fancy free. The truth is....all illegal activity that these bottom feeders participate in will be coming to an end before too much longer. There will always be bill collectors...they are the world's third oldest profession under prostitution, and tax collecting. Not exactly stellar company huh? The change will come on the federal level. Like I have been saying, and I have a sixth sense about such things...the feds are are going to be getting involved in regulating how debt collectors are conducting collection procedures. Not sure of the dates of hearings etc, but it looks like they are finally going to be stepping in. More consumers need to go to webpage and get in touch with them to tell your own stories about your experiences with debt collectors. Seems like these testimonies will be needed by feds for review of debt collection practice overhauls.

*company name deleted as per the forums rules-Jason

Guest · Posted: Tue Apr 22, 2008 7:59 am Subject:

If they list themselves as a factoring company on all 3 credit reports is that 3 violations=$3,000 or is that considered 1 violation?

Posted: Tue Apr 22, 2008 8:24 am Subject:

It's at least 3 violations. Depending on how you articulate it in court you could get them for as many as 9 just for that under the following:

Violation of § 623A 15 U.S.C. § 1681s-2, knowingly supplying inaccurate information
Violation of § 616 15 U.S.C. § 1681n, willfull noncompliance
Violation of § 617.[15 U.S.C. § 1681o], negligent noncompliance.

marciesalmon · Posted: Thu Jun 12, 2008 12:39 pm Subject: PLEASE call me I beg you

You will have your right trampled by this idiot if yoou do not respond completely.

Removed by Shazzers
Reason: No solicitating permitted, against TOS rules.
Why do you continue to break the TOS rules? I believe I have been tolerant enough up until this point, from now on, I will delete any posts you make that is considered solicitating. Shazzers

Posted: Fri Jun 13, 2008 4:53 am Subject:

Fdcpa= $1000 per suit plus attorney fees & court costs.It can be a lot higher with documented damages and medical reasons.

Fcra= $1000 per violation per bureau.Unlike Fdcpa it is not a automatic liability suit,so strict documentation of violations along with attempts to fix before court are necessary.Damages must be proven in certain sections of the Fcra.

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How much do I ask in my counterclaim for violating FDCPA?

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