Lawsuit for FDCPA & FCRA Violations
Date: Tue, 03/31/2009 - 15:12
Thank you very much for your diligence in providing the documentation here. Palisades definitely dropped the ball in continuing to report the debt as owing after you paid, so you have a great case against them. For Linebarger, it looks like they were negligent in not dismissing the case after the settlement and allowing a judgment to be entered against you. So you actually have two cases. The next question we have for you is: what are you expecting in terms of a settlement with them? We can certainly arrange for all traces of the debt to be deleted from your reports and the judgment has already been set aside. As for damages, it certainly looks like they intentionally tried to defraud you, but intentional violations are not worth any more than unintentional violations necessarily under the FDCPA. If you want to get significant damages you will have to prove that you were really harmed by the judgment being entered. Were you denied credit at any point because of the judgment or debt being on your credit? Did you get assigned a higher interest rate on a loan? Did your interest rates increase on credit cards? To really diagnose your damages we are going to have to see the entire credit report also. Please provide full reports for all 3 bureaus, you can cross out any personal info.  Â
Me personally, I would want the full value allowed by law for ea
Me personally, I would want the full value allowed by law for each and every violation, plus any real damages, plus the debt to be completely gone from all credit reports, as well as the judgment also being gone. I would not let them get away with a penny less than the maximum because this was intentional and they dont deserve a break in my eyes.
The questions that this attorney is asking are good ones--did you get denied for any credit at all during this time? If so, that would go towards real damages.
I'm confused.?? I thought creditors could be monetarily liable
I'm confused.?? I thought creditors could be monetarily liable just for FCDPA violations.?? You mean there has to be a denial of credit or something??? It seems that would be incredibly difficult to prove it was the action of one specific creditor that got you denied credit, higher interest or whatever.
Seems to me that unless you can prove that you have been harmed
Seems to me that unless you can prove that you have been harmed by the false reporting to your credit reports (FCRA violations) all you are really intitled to is FCDPA violations. Doesn't matter how many FCDPA violations either, it's $1000 per lawsuit for all the violations.
Don't forget to also file complaints with your state bar (and th
Don't forget to also file complaints with your state bar (and the state bar where the company resides if different from your state). So you may not be able to recover tons of damages, at least you can get the person thrown out of the bar and working at a gas station if it's an extreme case or they have more than one complaint already.
From what my attorney told me, it's $1000 per violation and not $1000 per lawsuit.