winning regarding FCRA/FDCPA violations?

I just wonder if they DON'T do what was agreed to, will I have to sue them again? And if I sue them for not following up with their end of the bargain, what type of lawsuit is that? Would the attorney have to do it, or I would I have to? Anyone know?

I would think that it would be contempt of counrt. So you would need to go in front of the judge and ask him to find them in contempt for not following what the judge has ruled.

well now that I Poured points it out, there is NO date written into the settlement that states a date that this needs to be completed by ... so my attorney should have included a date I assume?

Probably.. but the point of the matter is that it's in there, and as of this moment they are in contempt court. But if you pushed this to a lawsuit they come back and say "There's no date stated that it needed to be done by"

This case never went before a judge, they settled when they saw that I was not backing down from them, and they had to admit all of the things they had done wrong.

Well then if they do not do it with-in a reasonable amout of time (30 days?) then you could take them into court for breach of agreement. And then you can start getting damages if there are any.

it will be a month tomorrow since we both signed the agreement ...

Send them a no nonsense letter, demanding that they abide by the agreement they signed or you will take them back to court and this time there will be no settlement, that you will take ever penny you originally sued for, plus more for the breech of contract. Give them 15 days to comply.

they are off! Well, of Experian anyway, for some reason I can't access my Transunion report?

Hurray!

But it still isn't going to help me refinance my home, which is what I thought all of this hassle was going to do! Grrrr!

But at last, FINALLY, Palisades is gone from my life forever!

WOO HOO.... Party time. Just keep watch on it , they might try to sneak back on in the future.

I have a feeling that they wouldn't dare ... of course I COULD be wrong (but I rarely am :) )

I spoke too soon ... they are still showing on Transunion. I will check again in the morning!

Quote:

pinch me!?? It happened!?? Palisdes is off Transunion finally!?? I am freeeeeeeeeee!
Let me just mention that this debt was set to come off in one year ...?? I had paid it in full, disputed it many times as such WITH a copy of the paid in full letter they sent me, but Palisdes insisted that I owed an extra $113 because the law firm that collected the debt kept back a portion.?? They had several violations and with a LOT of patience and a good attorney, they had to pay.?? I could have left it another year to come off on its own, but I decided it was the principal of the thing ... and won against them in court.??
If you think you have a case against a Collection Agency, send the information to a consumer rights attorney, and they will tell you if you have a case or not.?? You of course are never guaranteed a "win", but if the attorney offers to take it on contingency, you can bet that you have a pretty good case as they don't get paid unless you win!

Way to go, now you want to have a look at my credit? LOL

fighting one company was enough for me!?? It took 2 years of me getting serious about my credit before I was able to fix everything ... well except for my 120+ day late on my mortgage 3 years ago!?? That unfortunately will stick with me for a full 7 years.?? But I will continue writing my goodwill letters to them every month, you never know what might happen!
??
All I can say is I followed the information that I found on this website and on the myfico website, and I went from having a dozen PIF's and a couple of lates, to just having the one UGLY late.?? Thank you to all of the posters and moderators on here for helping me and everyone else out there that is in the same boat!

I am very happy for you smo. Congrats on all your hard work? Does this mean you arn't going to visit us anymore now that you are healed?...lol

Ya! I was coming in to see if it was finally off. My Transunion score went from 511 to 560 (and just mainly medical/and bankruptcy) still on my report.. I'm working on paying the Medical bills one by one.. and Bankruptcy i'm going to TRY and get off come Sept, but I doubt it.. WI is 10years. (But i'm gonna at least try I filed in 2002) by then I should have all my medical bills caught up.
Equifax is still ugly only because it's reporting a judgement from the state which I paid in 2003. I am trying to get that off my report as Transunion deleted it.??
I still am working on my Chexsystems report... I will have one paid off end of next month hopefully as it is small, and the big one will take a couple months.??
??

oh no, I am a DebtCC addict!?? You'll never get rid of me!
??
seriously I have changed my lift (as lame as it sounds) in large part because of this site.?? My FICOs in 2006 were:
??
Equifax 629
Experian 604
Transunion 527
??
Now they are:
Equifax 715
Experian 674-(this is from a couple of months ago before Palisdades came off, so it is surely higher now)
Transunion 702

"seriously I have changed my lift (as lame as it sounds) in large part because of this site.??"
??
How did we change your lift? were you not high enough? LOL

lol damn keys

Perhaps if you would all pay your debt, collectors wouldn't have to send you demand letters. I think it's sad that society believes that they can run up credit card bills, never pay, and then sue the people who try to collect what is rightfully owed [or less in most instances]. I have no respect for the lawyers who defend such unethical acts.

[quote]Perhaps if you would all pay your debt, collectors wouldn't have to send you demand letters. I think it's sad that society believes that they can run up credit card bills, never pay, and then sue the people who try to collect what is rightfully owed [or less in most instances]. I have no respect for the lawyers who defend such unethical acts. [/quote]

Perhaps if you were not a bottom feeder and breaking the laws you wouldn't have to worry about trolling in a debt repair forum and trying to put people down to make yourself feel better.

couldn't have said it any better, Count_Vlad!

Geez another cave dweller :roll:

Where is Paul :?:

If collectors would send demand letters for accounts that they rightfully owned, not accounts they illegally pretend to own the rights to...argh...if they were the slightest bit ethical...if they wern't lying stealing, backstabing slime critters...
Yuk! Shame on you for trying to portray a know it all! Scum! Go away!

You know, that's what kills me! The CA's thinking it's all the debtor's fault; the debtor just doesn't want to pay his/her bills.

Let me tell you, now I'm employed and I do want to take care of the bills I defaulted on WHILE I WAS UNEMPLOYED, not because I just didn't want to pay them, I have only been able to get one of them settled. The CA's that have the rest of them are so busy trying to screw around with me and play their CA games, they aren't getting paid. As a matter of fact, I'm suing two CA's for violating the FDCPA while I was trying, in good faith, to get them to validate the debts so I can pay them.

Now, it looks like I'll not only get the debts taken care of, at no cost to me, I'll also be getting a bit of money from these CA's for their troubles.

Works fine with me either way!

Me too Florida Ron! All I wanted was for the collection agency to reflect to correct current status of the debt I paid them on my credit reports. Noooo, they gave me the BIG run around, screwed me after I paid them by sneaking in a judgment against me for the debt I paid them, wouldn't fix it with the courts or credit reports, THEN they sold my paid in full debt to some other collection agency. WHAT A BIG x@*%! HEADACHE! Just paying your debts isn't as easy as it sounds know it all Guest. No respect guest guy says for lawyers that help out people who don't pay their debts, he need therapy! Thank god for these lawyers because the ONLY way I could fix the current status of the debt with the courts (I did this part myself) and to fix it with the credit reporting agencies was to have a god sent attorney SUE THEM RIGHT BACK!

By the way, my attorney just told me that I have a good case and should be hearing back from the collection agency AND the attorney for the collection agency regarding the settlment amounts! Also, I am promised that their negligence, dishonesty and unethical behavors will be remedied! GOOD RIDDANCE TO THEM!

One down 3 to go for me. Good luck to you too Ron!

You don't know how happy I've been to find this forum. My mother just passed a few weeks ago and I've just been through so much lately. Worst comes to worst, I get a call from a creditor, which sounds like a a law office or something. I haven't contacted them back because I'm sort of afraid to. I have 3 kids to feed on a single income. I don't know what account they're calling to collect on, but I'm assuming it's old because I haven't had a credit card since I was 19 or 20 years old. I think they've been harassing my mother in law also, but she doesn't speak english. I don't have a detail of my credit report, just the free ones that I've ran a couple of months ago. I'm in California. Does anyone know the SOL for California? What should I do?

Welcome to the forums. Try to post this under new topic, it may get more attention. I'm sorry to hear about your mother. I'm not sure about Cali SOL, it depends on the kind of debt they are collecting for also.

SOL in CA is 4 years

Don't you have to give some of your information to start a new topic on this forum? I don't wanna do that.

Nascar Devil,
Are you sure that it's 4 years? Where did you get that information from?

you do not have to give any info you do not want to give - you can post as a guest (though registering is still 100% private) and basically post what you did earlier here.. it will get more attention and you will get much more help that way. it is also more fair to the original poster of this thread.

Yes I'm very sure:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4

Thank you for the info ya'll!

I'll start a new topic.

Anyone expecting their credit report to be updated overnight is a dope. It can sometimes take bureaus a week or two from the time it is reported to them until to the time it actually gets updated. The FCRA and FDCPA are designed to protect everyone but especially protect the least sophisticated consumer. You guys seem to fit that bill. Give the credit bureaus time to process updates and quit crying when they cannot get it done overnight. Anyone needing an overnight update is a fool.

You know, Guest, I'm sure it doesn't take "time" for a Creditor/Collection Agency and the Credit Bureaus to put derogatory information on a person's credit report. So it shouldn't take "time" for them to remove that derogatory information either! Especially when it's part of a settlement in order for said Creditor/CA to avoid having to go to court for FDCPA/FCRA violations!

Sure we might be "least sophisticated consumers" but I'd be willing to bet you're a "extremely least sophisticated collector!"

So go peddle your "poop" somewhere else, because we ain't buying it.

Idiot.

I have successfully filed against two debt collection companies. Enhanced Recovery Corporation and Peak Financial Services, LLC. ERC settled the day before the hearing, then paid the $1000. Peak Financial hired a local attorney and then filed a motion to dismiss in Small Claims. The judge laughed at the attorney and said there was no such thing as a "Motion to Dismiss" in small claims. I proceeded to give my testimony after establishing jurisdiction of the small claims court. The defendants attorney only attempted to pick on small inaccuracies in my filing, which the judge promptly ignored, or corrected.

After hearing what I said, the judge stated that I had indeed established that the small claims court had jurisdiction and authority to enforce the federal law, announced that Peak Financial had indeed violated the FDCPA and pronounced judgment in my favor for the $1000 plus court costs.

The attorney had a red face afterwards and asked for my phone number. I told him his client already had my phone number and that is why we were there in the first place. I told him they didn't need to call me, but to just mail a check for the total amount due.

Bottom line...you CAN win! But you have to have every detail in order. Make sure your dates/times are correct. Mention each violation in detail and give the specific section of the FDCPA it violates. Your homework pays!

All that is required is that it is filed in a court of competant jurisdiction. Small calims court fits that description

This Thursday, May 6th I go to court @ 8:30am and look sooooo forward to it at this point. I rec'd a summons w/complaint on 9/8 to my residence, I was not home, so I had 30 days to answer. 10/1/09 I responded directly to Forster & Garbus:
I do not owe/own any debt from the yr. 2003
Provide me validation of debt - payments, interest, fees, late charges etc., & I would be happy to check my records.
------time went by, on 4/5/2010 I received a date to appear in court.

After over 6 months of no reply from Forster & Garbus to me it was a wait and see.

Considering I had a court date why not be a little prepared, I am not a legal minded person, it takes a genius to figure out legal terminology, but I am a CPA & do know numbers.

1.) Filed complaint with the FTC
2.) Advised my State Attorney General's Office of issue; this was prompted because of the issue recently that Forster & Garbus had in legal courts as a class action against them....Why not start another?
3.) Researched FDCPA & sites like this and joined lawyer sites for previous case and codes.
4.) First is SOL (if this were mine) they stated 9/9/03 and issued summons and complaint 9/8/09 - 1 day before the SOL date in NYS.
a.) Where did they get this date?
b.) Show me the proof - validate your claim, I sent the request.
5.) Prove this debt belongs to me
6.) LVNV is the collector:
a.) Complaint states I agreed to pay the debt...I did?? [COLOR=Red]I think this is a misleading statement?
[COLOR=Black] b.) They state the provided me proof of ownership of my debt & value...they did???? [COLOR=Red]Another misleading statement?[COLOR=Black]
c.) They were ambiguous in what it is that I supposedly had done...Read this and tell me what you think?
[FONT=Arial Black]On information and belief the defendant in person or through an agent made credit card purchases or took money advances under a credit card or line of credit account or promissory note/loan - which a copy was furnished to the defendent (they spelled it this way).
[COLOR=Red][FONT=Arial]Is this a loan or a credit card they are implicating me for?
[COLOR=Black] d.) They state they Duly Demanded....They did???[COLOR=Red] Prior notification of debt was never received by me. I promptly checked my credit report..no activity pertaining to LVNV, Providian or Froster & Garbus, I went back 10 years.

Not knowing really where to start and knowing that I do not owe this Phantom Debt & I have no relationship with this 3rd party who claims to "Own" the debt, doesn't Plaintiff lack standing?

Anyways I will go to court like a sheep being lead to slaughter and see what happens. If they could not validate this debt with me prior to court I am not to sure what to do. I have a VERY common name and have had several bottom feeders try almost the same thing, but nothing legal..any suggestions?

Thanks!
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