Lawsuit against Collection Company

You should file it in your state. If the collection agency is licensed to do business in your state the court there will have jurisdiction over them.

On what grounds?

I've had this collection agency harassing me. I've sent them numerous letters via CMRR. They called me at my office after I told them verbally, and in a letter, that it was not ok to do so.

They never sent out the collection letters OR the validations I requested via CMRR.

When the collector first contacted me she failed to identify herself or her company. She stated "They (I assume meaning the creditor) wants to know if you want to settle this out of court now?" Never telling me what the debt was about - just right to that point lol.

So then I sent them an intent to sue after they refused to stop bothering me, wouldn't validate the debt etc.

I got a letter back from their "Director of Operations" stating they would not compensate me in any way and that the law (meaning FTC laws) allowed for "human error" lol. Human error extends, in my opinion, to one occurance... not 5 or more.

They are the ones with the Go Daddy website (I wrote about them not to long ago).

I would suggest finding an attorney thru NACA.org. We got a similar letter from one of the agencies we sued.

I contacted a couple of their attorneys and have not heard back yet (it's been a couple of days).

If I decide to represent myself do I file it in small claims court?

Yeah...but without an attorney you will only probably get $1000. Using an attorney gives you more leverage. Did you contact a NACA or consumer attorney?

I contacted 3 of the attorney's the NACA listed as in my area.

The amount of the judgment isn't important to me.

My main objective is to get these jerks off my back because they refuse to comply with my requests and continue to damage my credit score or harass me. Also, to show them that consumers do have rights if they violate the laws and that they can be held accountable for their actions and violations.

However, I would prefer an attorney because this is my first case and the circumstances with their return letter is so bizarre to me.

He basically was saying it didn't matter that they kept violating the law and they I had an obligation to pay something they could not validate with out them presenting me proof that the debt is mine and not someone elses. Furthermore to disclose a personal account that the collector handing my account had been in a car accident, so the account was handed off to another collector in her absence and that it didn't matter that they called me after I sent a letter CMRR regarding a no contact, it was "human error" for her to contact me because she was aware of the letter or request.

Isn't it a collection agencies job to keep notes on an account and communication with the consumer?

I've worked collections for my company before and we keep meticulous records of our conversations etc with our clientele. I would think (even though they are not the originating creditor) that they should keep records as well? Especially when pertaining to possible violations against a consumer.

They also never sent me the collection letter with in the initial 5 day time frame. They didn't respond to my first letter requesting validation. They continued to call me and I have voice mails from their collector ADMITTING they had not sent out any letters to me after my requests and stating she would have them sent ASAP (yet I never received a thing from them, I would follow up and get the same lame excuse.

Where do these people draw the line and say "wow, we failed to do something and we should back off until we have provided the info"? lol

Who is the agency??

I worked on several collection systems...all of them flashed NO CALLS when the account was pulled up if the debtor had sent in a DV request or C&D. Then in the notes area we could see the reason why no calls. Only a manager could remove the restriction if it was for a DV request...the account was automatically excluded from the dialer with this restriction. Yes, I would say you have a good case. And of course the stress has taken a toll on you too......grins!

There are actually two agencies, but the one I talked about above is Maximum Recovery Solutions, Inc in Houston, TX.

Another company I have been arguing with is Asset Acceptance LLC. I know AA has a bunch of different company names and locations... but I've sent them a few DV letters via CMRR, no responses from them and they continue to report on my CR on Transunion and Equifax. I've sent a letter to the CRA's regarding the account as well and it's status. So we'll see. However, I have heard not a peep from them.

MRSI - the "Operations Manager" even stated in his letter that they send a request to the original creditor "and then wait" lol. I showed my fiance the response letter and he broke out laughing because it was so mis-typed and ignorant.

Shouldn't their lawyer be the one responding to me?

Yeah the "Operations Manager" tried to BS me by saying my file was given to the other collector while the one was out of the office.

The letter really is more of a joke than a serious response.