Suing collection agency, please help
Date: Mon, 10/13/2008 - 11:37
Then in November 2007 I received a letter from KB Merrill stating that I owed $550 on the account. I called them and told them I disputed the debt, and would like additional information. They did not contact me again for 4-5 months, and again I asked for an account statement. (US Bank said they could not provided me with one because the account had been sold) Again, I heard nothing until September 2008. They asked me if I would be able to pay, and I said I would not until I received an account statement.
2 weeks later I received a message, stating I must call, because the account was going to leave the office. I called, and offered to give them $200 (just to finally put an end to this). They told me that the new balance was $2,200, and that they were a new collection agency. They said that they were going to take me to court and sue for upwards of $5000. I told them that I had a letter from the old company showing the balance to be $550. They told me that The old company sold the account back to US Bank, and Us Bank added the $1600 within the two week period. (Us Bank said that the balance was $400 when it left their office for the final time, and that it was completely sold off.)
I then received 8-10 messages stating "litigation" would be taken against me, so I called them back, each time, I asked them for a letter stating who they were, what the account was for, and what I could do to dispute. They said they didnt send out letters, and that the only way I could get their address was to give them a post dated check. THEY DIDNT EVEN SEND ME AN INITIAL LETTER STATING THAT THEY WERE COLLECTING ON THE ACCOUNT.
So finally I sent them a DV letter. After 40 days they did not get back to me, so I filed a suit in small claims against them. To this day, I have not received any letter from them, or verification of debt. I filed because they Threatened to sue me multiple times, they never sent me a letter within 5 days of initial contact, they increased the amount of the debt from $500 to $2200, and were looking to sue for $5000. I am also suing because they wanted to charge me up front, before they would even tell me what company they were, and where they were located. I have everything on tape, and records of the balance being $500 from the last agency. Do I have a case??
Wow! What a three-ring-circus! Sounds to me like you do have
Wow! What a three-ring-circus!
Sounds to me like you do have a case. I'm curios to see if any others weigh in with their opinions.
I know you said you already filed in small claims court; however, have you taken your evidence and talked to an attorney yet? I might suggest that and see what he/she says. you can find a consumer attorney at www.naca.net.
I called an attorney and was told to send them a DV letter. The
I called an attorney and was told to send them a DV letter. They also told me that I would need to put up a $2000 retainer. I decided that I am going to represent myself. I plan to be well documented, and show the magistrate a copy of the fdcpa, and highlight each of the provisions that have been violated.
Wow!!!! I think it's great that you are doing this and I absolu
Wow!!!! I think it's great that you are doing this and I absolutely think you have a GREAT case! I would agree with Floridaron and suggest you check to see if someone might represent you with little or no down payment just so you have someone that knows all the laws but eithe way I think you've got a great case on your hands.
Best of luck! I look forward to hearing an update.
Like Nascar is asking about your reports, if they are reporting
Like Nascar is asking about your reports, if they are reporting you may have them for reporting disputed information (and even possibly as not listing it as disputed). You have the makings of a great case. I did the exact same thing and I settled out of court for $1000 and permanent deletion plus closure of the account (they can't even sell it). I could have gotten much more but I had a bit of an emergency crop up and I knew they would jump at the low settlement offer (they did).
Keep us updated on your case!!
Well, I won my case and the judge gave me a 1000 judgment. Now
Well, I won my case and the judge gave me a 1000 judgment. Now the hard part, how do I collect it? I have been told by their attorney that his client will not be paying. I will wait 30 days and file for them to state their assets, and then I will look to garnish. Do I have any shot? The last kicker is they are an LLC.
The attorney for the CA is most likely holding money for them -
The attorney for the CA is most likely holding money for them - I would serve the writ of execution on the law firm for the CA's money.