I have filed suit with three different collection companies and fully think they are going to attempt to settle the lawsuits. I have outlined case law and other volations. One compnayhas already attempted to justify their actions when I sent them their intent to sue letter, so I'm almost 100% sure they know they violated the law. What is a good percentage to settle for on a settlement offer with a collection agencyif I believe I have a solid case?

Enter Your Samebox Message:

There are instances where creditors and CAs agree to settle your debt even below 30% of the outstanding debt amount. It all depends on how old is your debt and how you negotiate with your creditors. However, you can easily settle the debt somewhere between 50 and 60% of your debt amount with your CA. Make sure that you get the settlement agreement in writing before you start paying off the debt.

Enter Your Samebox Message:

What violations have they committed? FDCPA violations are up to $1000 per action but FCRA violations are up to $2500 per violation. If you have enough to completely offset the debt, then demand just that. The write off the debt with no 1099, remove all tradelines from your CR's and a NDA to keep them honest.

Enter Your Samebox Message:

I was looking for the FCRA's informationon their violation limits. Do you have this or know where to get it? And as far the $1000 per FDCPA is that per suit or per violation? Need case law or FDCPA and FCRA law. Thanks

Enter Your Samebox Message:

FDCPA is per action Section 813. FCRA is per violation sec 621.

Enter Your Samebox Message:

This is of interest to me as well.
I can't tell whether the FCRA part is $2500 or $1000.

Section 621 (a) (2) (A) "a knowing violation... of pattern or practice... the Commission may commence a civil action to recover a civil penalty... of not more than $2500"

(c) (1) (B) (iii) "chief LEO of a state... may bring action on behalf of the residents... damages of not more than $1,000 for each willful or negligent violation"

Which of these amounts applies, and to whom is it awarded, the debtor? The FTC? Forgive my ignorance of legalese.

Enter Your Samebox Message:

What I have found is the statement that a debtor is disputing a debt and the failure to note that on the credit report is under the FCRA everything else is under the FDCPA. I looked at other case law and people have sued under Section 621 (a) (2). So I assume its failed for the consumer. The FTC states that if a creditor is found guilty in a court they also assume they have violated the FCRA. Those are not the excate worlds but that was my readingof it. I have filed suit under the FDCPA and FCRA so I will keep informed. I haven't received much input on this topic for help. Keep searching the internet its full of knowledge. I always try and find case law from other federal courts to reference everything.

Enter Your Samebox Message: