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Guest

I E-Mailed Bud hibbs to ask him about the FDCPA and he told me that I can't sue for FDCPA violations in small claims because it is a Federal Law.

He said I can only allege state violations but I can't find anything that says what they are liable for.

I am in Massachusetts.

Posted: Mon Jun 16, 2008 10:41 pm Subject:

As per my knowledge, any claim up to $2000 is considered as small claims in Massachusetts. If I was in your shoes then I would have made my complaint with FTC because they are the ones who can sue for violating federal laws and consequently fine the offenders.

Posted: Mon Jun 16, 2008 11:51 pm Subject:

You could sue them in federal court.

You could also contact your state's AG...perhaps they could enlighten you regarding liability and damages for violations of state consumer protection laws.

Posted: Tue Jun 17, 2008 3:50 am Subject:

I wonder if you could motion to dismiss per improper venue. Your reason, your counter claim is to big for small claims court.

Guest · Posted: Tue Jun 17, 2008 4:48 am Subject:

No I wanted to sue the debt collector in small claims but he said because it is a federal law, I can't. I figured it would be easier for me and cheaper to file, it only costs me $40 to file it in small claims and the paperwork is easy.

I have 3 letters from this attorney with about 13 violations of the FDCPA, he also said he was going to sue me, both in writing and over the phone and he never did. I haven't heard a peep out of this debt collector. I am not being sued by him, I want to sue him.

Guest · Posted: Tue Jun 17, 2008 10:06 am Subject:

So I would have to get an attorney and file it in federal court? I thought I heard of others suing in district court for FDCPA violations?

Does bud hibbs not know what he is talking about?

Guest · Posted: Tue Jun 17, 2008 10:20 am Subject:

(d) Jurisdiction
An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.

Posted: Tue Jun 17, 2008 4:31 pm Subject:

You would have to file in federal court if small claims does not allow it. However you can also include your filing fee as a punitive damage.

Cellular · Posted: Tue Jun 17, 2008 8:52 pm Subject:

Sue them in small claims and let them argue the venue question.

Guest · Posted: Tue Jun 17, 2008 9:07 pm Subject:

OK I will look into it. small claims in my state is in the district court.

I have to write a 30 day demand letter because under chapter 93A which is a consumer protection law. If they fail to send me anything I can get double or treble damages in court, otherwise they will give me an offer or pay and I don't even have to take them to court.

I have solid proof of the violations 3 letters so should I send copies to the person I am going to sue along with the 30 day demand letter?