How do I force a company to correct paid debt?

Send a letter of dispute to the credit reporting agency's with a copy of proof it was paid in full. If it were me, I would send it certified. Here are some resources for letters. Good luck! :)
http://www.debtconsolidationcare.com/letters/sample13.html

http://www.debtconsolidationcare.com/letters/

I have sent that information twice to all 3 CR's, but Palisades keeps verifying it incorrectly. I have not sent it certified to the CR's, I just hate spending all that money! So that is my only recourse?
Thank you!

Palisades keeps verifying it incorrectly to the Credit Bureau's? If you have the proof on paper that it was paid in full, and sent that proof to the Credit bureau's, how can they NOT remove it? According to the Fair Credit Reporting Act:
Consumer reporting agencies must correct or delete inaccurate, incomplete, or
unverifiable information. Inaccurate, incomplete or unverifiable information must be
removed or corrected, usually within 30 days. However, a consumer reporting agency may
continue to report information it has verified as accurate.

Read more information here:
http://ftc.gov/bcp/conline/pubs/credit/fcrasummary.pdf
You may want to file a complaint with the FTC about this matter. Perhaps someone else has some insight and suggestions on what you can do about this.

I have no idea, I'm not sure if the Collection Agency still has the "right" to override what I have in writing? I have remained very nice on the phone as I am in customer service and know what it's like to be yelled at for something that I had nothing to do with, but I am at the end of my patience.

Does anyone know how to file a complaint with the FTC? I am trying to buy a car and have been waiting until all of these issues are "mopped up". But with the prices of gas going up up up I might have to go sooner rather than later, and am rather annoyed about this Palisades issue.

Thanks for any assistance

You can start here:
https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01

this was the response I received from the FTC today from the complaint that I filed yesterday. It was not much help :(


" Re: FTC Ref. No. 123%$^#&(


Dear ()):

This is in response to your complaint concerning your credit report. While the FTC does not collect or keep credit records on individual consumers, it is responsible for making sure that credit bureaus report accurate and up-to-date information. We have enclosed a brochure that addresses your concerns. Between the brochure and this letter we hope to be able to answer all of your questions.

Credit bureaus are private information distributors which report credit information supplied by retailers who use their services. Most credit bureaus operate locally and you should look in the yellow pages of your telephone book under "credit bureaus" or "credit reporting agencies" to find the credit bureau or bureaus most likely to have your file. It is possible that you may have a file in more than one local agency. In addition to the local credit bureaus, there are three national credit bureaus that may have you on file:

- Equifax, P.O. Box 740241, Atlanta, GA 30374-0241
(800) 685-1111

- Experian, P.O. Box 949, Allen, TX 75013
(888) 397-3742

- Trans Union, 760 West Sproul Road, P.O. Box 390, Springfield, PA 19064-0390
(800) 916-8800

The Fair Credit Reporting Act ("FCRA") became effective in 1971 and was significantly amended in 1997. It was designed to protect consumers against the circulation of inaccurate or obsolete information reported about them in consumer reports (a credit report is one type of consumer report). Negative information, if accurate, generally may be reported for 7 years with the exception of a bankruptcy, which may be reported for 10 years.

The Fair Credit Reporting Act allows a consumer reporting agency to issue a consumer report to a person ("user") which it has reason to believe has a legitimate business need for the information in connection with a business transaction involving the consumer. When permissible purposes exist, parties may obtain, and consumer reporting agencies may furnish, consumer reports without the consumer's permission with the exception of employment and medical purposes. Credit reports containing medical information or reports issued to present or perspective employers always require the consent of the consumer.

The FCRA provides that any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined, imprisoned for not more than 2 years, or both. Authority to bring criminal action for violation resides solely in the U.S. Department of Justice, not the Federal Trade Commission.

While it is permissible under the FCRA for credit reporting agencies to furnish lists of names and addresses to credit card and insurance companies, Section 604(e) allows consumers to "opt out" of these lists. Proper notification of the credit reporting agency will exclude the consumer's name and address from any list that the credit reporting agencies routinely provide to credit card and insurance companies. To properly notify the credit bureau, you should call the toll free number that shall be included in the unsolicited offers, or contact the credit bureau directly and fill out an "opt out" form. The phone call will remove your name for two years. Filling out the credit bureau's "opt out" form will permanently keep your name off the lists.

If you are denied credit because of a credit report, the FCRA requires the creditor to tell you the name and address of the credit bureau which provided the information. You should then contact that credit bureau to obtain your credit report. You have the right to learn the nature, substance, and sources of information in your file at the credit bureau at the time of your request. Most consumers request disclosures in written form, however, at your request, disclosures may be obtained in person, upon reasonable notice, during normal business hours, or by telephone if the consumer makes a written request for telephone disclosure and pays the cost of the telephone call. For either type of disclosure, section 610 of the FCRA requires that you must provide proper identification before you receive this information. If you request the credit report within 60 days of the denial notice, the report is free. At other times, the credit bureau may charge a fee of $9.00.

Section 611 of the FCRA provides the procedure to be followed if the consumer disputes the accuracy of the information in the consumer's file. If information in your file is inaccurate, you should write both the consumer reporting agency and the creditor or other party who furnished the inaccurate information to the consumer reporting agency. Tell both of them that a dispute exists. You should provide both of them with any information that you have that will assist them in investigating your dispute. You should clearly state the facts concerning the disputed item and include copies of any letters or other documents that support your position. We suggest that you send your letters via certified mail, and that you retain a copy for your records. Remember, the right to dispute information applies only to items that are incomplete or inaccurate. The FCRA does not give you the right to dispute information just because it is unfavorable.

Consumer reporting agencies are required to investigate your dispute usually within 30 days, unless the bureau has reasonable grounds for determining that the dispute is frivolous or irrelevant. The creditor or other entity must also conduct a reinvestigation and notify the consumer reporting agency of the results within that 30-day period. If the item is wrong or can no longer be verified, it must be corrected or dropped from your file. If the item is verified by the creditor (or other information furnisher) and accepted by the consumer reporting agency, the information will remain in your file at the consumer reporting agency. After the investigation, the consumer reporting agency will send you an updated copy of your credit report if it has changed as a result of the investigation. If, after the credit bureau has concluded its reinvestigation, you still don't agree that your report is accurate, you should write a short statement of 100 words or less giving your side of the situation and ask the consumer reporting agency to include it in your file. This statement or a summary of it then becomes a part of your credit report. If your report has changed based on your dispute, you have the right to ask the credit bureau to send your updated report to anyone who has received a copy of your credit report within the last six months (two years if sent to an employer or potential employer). You may be charged a small fee for having these updated reports sent.

If information is inaccurate or has not been verified by the furnisher within the 30-day period, it must be removed from your file. It can only be reinserted in the file if the creditor or other furnisher of information certifies its accuracy to the credit bureau. In turn the credit bureau must notify you in writing that the information is being reinserted. If the furnisher finds the information to be accurate and you still dispute the information, the furnisher cannot continue to report that information unless the information is accompanied by a statement that it is disputed.

Applying for credit, insurance, or financing for large purchases creates credit record inquiries. A creditor may ask your local credit bureau for the number of inquiries it has received about you. Excessive inquiries may indicate to a creditor that you may become overextended with too many active credit accounts and may cause a creditor to deny your application for credit because of excessive inquiries.

The FCRA does not specifically state how long inquiries may remain on the credit report. However, the FCRA does require that credit bureaus disclose to consumers any recipient of a consumer report for a two year period regarding employment purposes and a six month period for any other purpose. The law does not require that inquiries stay on the credit report for any specified period of time, but only that the credit bureau must be able to provide consumers with this information upon request. Because the FCRA does not specifically state how long inquiries may remain on the credit report, credit bureaus have the right to set their own policy or procedure regarding how long inquiries will remain on the credit report.

If you feel that your credit report does not accurately portray your creditworthiness, Regulation B, which implements the Equal Credit Opportunity Act, provides that you have the right to present information to a prospective creditor to show that your credit report does not reflect your ability or willingness to repay. It is possible that the consumer reporting agency used by the firm to which you applied for credit does not include in their files those organizations with which you have already established credit (an occurrence which is not in violation of the FCRA). To overcome this you may wish to provide the creditor with copies of bill statements and other information about your credit history from other creditors with which you have done business. The creditor must consider this information at your request. Also, if you know there is adverse information on your credit report, it is often best to explain the circumstances surrounding that item and provide other positive information to the creditor at the time you complete an application.

We cannot act as your lawyer or intervene in a dispute between a consumer and a credit bureau or between a consumer and a creditor or furnisher of information. The private enforcement provisions of the FCRA permit the consumer to bring a civil suit for willful noncompliance with the Act. You may receive actual damages or punitive damages up to $1,000 for willful noncompliance (Section 616). You may also sue for negligent noncompliance and recover actual damages sustained by you (Section 617). Attorney's fees, as determined by the court, will be allowed for both forms of action. If you believe that the FCRA has been violated, we suggest that you consult a private attorney or a local legal services organization.




Sincerely yours,


Consumer Response Center

Enclosures:
1. Fair Credit Reporting (CRE-17)
2. How to Dispute Credit Report Errors (CRE-21)

The purpose of reporting to the FTC is for them to have a record of it, generally the FTC will not take action unless they notice a consistent pattern of misconduct. Your state Attorney General's office will be the first to act on your behalf. First they will contact the other party on the allegations, if they believe laws have been violated they will investigate and take appropriate action.

Just curious.. was the account paid by a settlement?

FYI...would a 'Settlement' look differently on your CR than an ACTUAL 'PIF'? Would the debt stay on your CR longer if it WAS a settlement?

It was not a settlement, I paid the amount listed on my credit report in full. I could have paid a couple hundred dollars less in settlement but I was told if I paid it in full I could then dispute the amount and have it removed from my credit report completely.

Does anyone know if that is correct or incorrect?

They would either have to remove the entry or correct it to show it's current balance as being zero and paid.

Quote:

so I can't dispute the item as being "paid in full" and have it removed from my reports?

You should be able to get this fixed and I can't fathom on why it hasn't been corrected by the CBR agencies yet. I would continue to mail copies of the letter to the CBR agencies until it's resolved. Call the CA and ask them why they are reporting it incorrectly. Not all agents are jerks and you might find one who is willing to help.


Yes, a settlement does reflect differently on your credit report than a paid or paid in full. The very first time you settle an account it could subtract up to 150 points from your credit score. After that it won't matter as much.

It always looks better to pay in full to future creditors. If you have the avaliability to do so I have always encouraged people to do so. However if you don't.. then take the settlement hits and begin to rebuild.

Quote:

well I have good news and bad news.

The Good News:
All 3 CRA's finally have corrected the Palisades debt so it doesn't show "paid in settlement" anymore.

The Bad News:
Pattednaude and Felix says that they wrote the "Paid in Full" letter in error, that I owed $113.46 more than the $1,238 that I actually paid. I asked what that $113.46 was for and she said it was for attorney's fees and that they just "charged it off" when the "partial" check came in. I paid every penny in full that was showing on my creit report that was dated just days before the check was mailed, nothing I have shows the amount she says I actually owed. So now could I be liable for that $113.46 if they were to act on it? What do I do? Yes it is fixed to show Paid In Full on my report, but can they now re-file against me for the attorneys fees I was unaware of? Can they do what they did?

Thank you!

Wow I'm not sure on that one but you would think since you paid that amount they would just let it go. I hope you get some answers here.

If it was a collection fee then you should check your state's uniform commercial code to see if they allow collection fees to be tacked onto debts. Otherwise making you pay an attorney fees. Sounds more like a fee that you never agreed upon and they need to take that up with their client.

exactly JC,it sounds like something that wasn't agrred to in writing.i wonder what recourse he has.

Consultation with a consumer attorney, they will fight trying to make the poster pay their fees regardless of what the poster's state laws may say about it.

Attorney fees are usually sued for in court, otherwise the council's client pays it. Don't see how they could tack it on at this point. The reason they are sued for is because it is treated as damages incurred by the party retaining the attorney. In short, unless it's provided for in state law or the contract the fees should be null.

well, I figured I'd fill you in on this continuing saga.

Palisades had resurfaced last month as "settled" on all 3 of my credit reports. I spoke to a few people at the credit reporting agencies and they said that the attorney Patenaude & Felix had no right to write the paid in full letter, and that none of the credit reporting agencies would accept "third party" letters. They say that any letters must come directly from the collection agencies. One of the 3 companies did remove Palisades but I am afraid they will again pop back on.

1st question - is that true?

Second, despite my asking several times, no one will give me anything in writing that says I owe that $113 they claim that they "wrote off", as I don't have a balance with them.

2nd question: How do I force them to give me something in writing?
and in conjunction with this, another question:
3rd: Should I (or can I) offer to pay that $113 in trade for a removal from my credit reports?

Lastly, should I send a certified letter that outlines all of this to Palisades? I sent a goodwill letter to Palisades, Patenaude & Felix, and AT&T a month or so ago, and received no response.

so anyone with any advice on what to do, I'm all ears!

double post :oops:

Generally the CRA's will not accept documentation like that from the consumer. I think it was just a case of a few bad apples spoiling the whole bunch. With computer technology being what it is, it's not very difficut to manufacture authentic looking documents. Hell, CA's and JDB's do it all the time.

You can keep disputing the debt for different reasons and hope they don't verify and score a delete that way but eventually the CRA's will deem your disputes frivilous. It might be best for you to just be a total PITA with them. Start faxing them multiple page requests daily with a black background and reverse lettering a suck up all their toner. Call them everyday as well. Eventually, they'll get sick and tired of hearing from you.

Did this ever go to court? If not, then any fees they may have incurred are their problem and not yours and could be a violation of the FDCPA:

[quote]???? 808. Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. [/quote]

No this never went to court, I paid exactly the full amount shown on my credit report. I have never been sent anything regarding this extra money.

Should I include the verbage of 808 Unfair Practices in my letter that I am drafting?

It wouldn't hurt to point it out to them.

how does this sound?

8/22/08

Palisades Collection LLC
210 Sylvan Ave
Englewood Cliffs, NJ 07632

RE: Account Number xxxx

You are contesting my filed disputes with the 3 major credit bureaus by claiming that I have not paid the full amount due on the above account. I am disputing your reported ???????paid in settlement??????? status based on the fact that I paid you the full amount of $1,238 on 5/25/07.

1.) Please see the attached copies of my credit reports dated 5/30/06 and 5/1/07. Both of them show a balance of $1,238 owed to your company.

2.) Please see the attached copies of letters from Patenaude & Felix, written on your behalf.

#1 dated 3/28/06 states the balance due $1,238.46.
#2 dated 6/18/07 states the balance due $1,238.00.
#3 dated 1/30/08 states the current balance is $0.00 and is paid in full.

3.) Please see the attached copy of the check written on 5/25/07 by Archer Title Company, LLC on my behalf in the amount of $1,238.00. This item was cashed by your company on 6/21/07.


I paid the amount that showed on my credit reports, your attorney Pattenaude & Felix verbally verified the amount to pay on 5/24/07, and they wrote a letter stating that I had paid in full.


Please see the following code from the FDCPA:

???? 808. Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.


I request that you either adjust my file to correct this, or provide me with the information to substantiate your claim that I did not pay the full amount of this debt. I request this information to be sent to me as soon as possible.

Cordially,

(personal info)

cc:
Patenaude & Felix 1771 E Flamingo Road suite 112A, Las Vegas NV 89119

Equifax PO BOX 740256, ATLANTA GA 30374

Experian PO BOX 919, ALLEN TX 75013

Transunion PO BOX 2000, CHESTER PA 19022

Looks great! Make sure you add

Sent Via USPS CMRRR # xxxx xxxx xxxx xxxx

okay I will add that, should it go underneath my name/address that I have put between the body of the letter and the cc'd names and addresses?

ah okay got it, thanks!

Do I have to send it to the 3 credit bureaus and Patenaude & Felix CMRRR as well? Or is regular postal service or faxing to them okay?

I would send it CM w/e-mail notification to the CRA's. It's about a dollar cheaper. Were P&F the CA working for Palisades? You can send it CM w/e-mail as well. Palisades is the one reporting so definately send that one CMRRR.

Yes, Patenaude & Felix is THEIR lawyer/collection agency/whatever, not mine!

Why in the world does a collection agancy need someone else to be THEIR collection agent?

Palisades purchased the debt? Then they are a JDB and would then need a 3rd party to collect for them. Much like Resurgent Capital collects for LVNV.

The original debt was owed to AT&T, I assume Palisades purchased it from them.

So what is a JDB? Is that Junk Debt Buyer?

why do they need a 3rd party to collect for them?

Well I gave another shot to calling Palisades, and I got through to someone, but I'm not too sure I made much headway.

The person I spoke to says that the check that I sent to Palisades actually went to Patenaude & Felix (their collection agent I guess?), and when Patenaude & Felix sent Palisades their amount, they only sent $1125 rather than the full $1238.

She said that I could pay the $113 and then it would be considered paid in full. I said that I DID pay it in full, she said that I didn't. Grrrrr :evil: So I asked if I were to get a copy of the cancelled check to prove that I paid the full amount, would that work. Or if I could get something from Patenaude & Felix to prove I paid the full amount, and she said it would be up to "upper management" to adjust my record.

I called the Title Company who cut the check (as it came out of an Escrow account) and they said that they could not give me a copy of it as it was over a year ago and it wasn't available online now. I asked how I could get a copy other than an online copy and he said he would have to check on it and I will probably have to pay something for it.

How can Palisades do this? Why did the Collection agent keep $113? HOW could they keep that money? What should I do?

I would talk with an attorney who specializes in fdcpa violations. The consult is usually free. If they sue, then they collect their fees in the lawsuit.

It sounds like you are being yanked and they are in violation of the laws. After all, you do have a PIF in hand. Afterall, what good is a PIF if it doesn't mean anything. Furthermore, I am miffed that the CRA's don't consider the supplemental information you submitted. I remember reading somewhere that they must gather that info and submit it to the reporting client.

Oh Yeah! Try requesting for proof of verification procedures (something like that). That's where the CRA must provide to you verification of how they verified your account info. If they don't do this within 15 days of your request, then they must remove the item. Do a search on this and you'll see what I mean.

Good Luck!

uggg another wrinkle as of 2 minutes ago ...

I called Patenaude & Felix, tried again to get the person who had originally written the paid in full letter last year. Last week there was a voice mail with her name on it where I left messages, and today they say she no longer works there. So I told my whole schpeal to the person who answered the phone, explained the CRA's wouldn't accept their letter, I DID pay in full, blah blah blah. She was super nice and sweet, puts me on hold to go and talk to the attorney.

Comes back, not so sweet anymore. Says the attorney has been getting my voice mails that I was leaving for the other person, and that he was having to completely re-investigate the whole file, had been talking with Palisades, and that I could call back next week to find out what they decided.

So I asked a few more questions, and come to find out she claims that there was a lawsuit filed, and that was where the $113 went, to cover the court costs. I asked why the other person (who is no longer there) had told me that it was "forgiven" and she said she had no idea.

She said I could call back in a week, gave me the attorney's extension, and that he was really nice. But not to expect much because I should have just paid the full amount. WHAT????

I asked where the court case was filed, she told me the county, and I said I never received anything and that I still got my mail from that address. She said they attempted to serve me once and that they filed against me in November 2006.

Should I call the courts in Nevada and ask about a case filed against me? What info do I need to have for them to be able to find my case?

What do I do?? I don't have ANYTHING that says anything about the $113.

I thought I'd call the courts and find out if a case was filed against me ... they said yes one was filed in 11/2006 but was voluntarily dismissed 12/06. I did not pay my debt until 5/07. Why and how could it have been voluntarily dismissed? I was never served? Nor did I receive any mail from them?

That whole thing sounds fishy....so basically they are trying to charge you for court costs on a case that was dismissed?? Um..I don't think so, besides, don't they have to WIN to collect court costs??? It sounds like they absolutely won't budge. You could try suing them yourself in small claims..I have seen people sue for less. You DID pay them the full amount, you have a letter from them proving it, yet your credit is being further harmed by this company. Maybe an ITS letter with a typed up suit all ready to be submitted will get you more attention.

Thank you guys for your help and guidance on this matter. Not having the $113 to pay them is just one small part of this ... I just feel totally taken advantage of on all fronts. I didn't bargain them down or try to get away with paying less, my credit has been marred by this considerably, and the law is the law.

#1
how do I find an attorney that specializes in fdcpa violations?

#2
can anyone who has written a Proof of Verrification letter to any of the CRA's ever gotten proof of any sort resulting from that letter? Can anyone direct me to the law that this letter refers to?

Dear Sir/Madam,

I have recently received a verified response to my request of validating the credit report. But the disputed item still remains. This is a formal request asking you for the description of the procedures adopted to verify the claims. I would also like to request for the business names, addresses and phone numbers of the people who have been contacted for the process. This request is my right according to the Fair Credit reporting Act.

It is highly disappointing to find a credit bureau not following the procedures and not maintaining the accuracy norms. I would like you to comply with the laws and furnish me the information asked for within the provisional 15 days
I am resubmitting my request to hasten the reinvestigation and verification processes.

Please see attached documentation previously provided
Sincerely,
me!

Thank you guys for your help and guidance on this matter. Not having the $113 to pay them is just one small part of this ... I just feel totally taken advantage of on all fronts. I didn't bargain them down or try to get away with paying less, my credit has been marred by this considerably, and the law is the law.

#1
how do I find an attorney that specializes in fdcpa violations?

#2
can anyone who has written a Proof of Verrification letter to any of the CRA's ever gotten proof of any sort resulting from that letter? Can anyone direct me to the law that this letter refers to?

Dear Sir/Madam,

I have recently received a verified response to my request of validating the credit report. But the disputed item still remains. This is a formal request asking you for the description of the procedures adopted to verify the claims. I would also like to request for the business names, addresses and phone numbers of the people who have been contacted for the process. This request is my right according to the Fair Credit reporting Act.

It is highly disappointing to find a credit bureau not following the procedures and not maintaining the accuracy norms. I would like you to comply with the laws and furnish me the information asked for within the provisional 15 days
I am resubmitting my request to hasten the reinvestigation and verification processes.

Please see attached documentation previously provided
Sincerely,
me!

In my opinion and I think others have stated similar you have a PIF letter from them or one of their representatives. If they continue to misreport this debt to the 3 CRAs then they are in violation of both the fdcpa and the FCRA. I think you could sue them and win 4k based on 1 FDCPA violation and 3 FCRA violations. I would get the documentation to file said suit from your local court prepared and send it to them. Then its up to them wether they want to fight for $113 dollars by dragging their butts all the way to your local court. If you file the suit it will cost you the intial court costs which might be around $50. You need to make sure you have copies of your current 3 major credit reports so you have proof of the violations.

What sort of documentation do I need? I have the original letter that they said was written in error, then their settled in full letter, several years worth of credit reports, recent credit reports, and hopefully soon I'll have whatever the civil court in Nevada will be sending me about the case that they filed against me but was voluntarily dismissed a month later. Does it sound like that is all I need?

I think you have all the evidence you need already. You have the original letter and the settled in full letter. You also have credit reports of both before settlment and after settlement. You want to make sure the one after settlment is a few months at least after the settlment because they would be allowed a certain amount of time to fix the way it is reported. You also have the letters showing your multiple disputes with the 3 CRAs and how they declined to fix the error. I would send them copies of all of that and a copy of the papers you are prepared to file for a small claim if they don't fix this immediately. The stuff coming from Nevada won't hurt but probably isn't essential.

It doesn't matter if they claim the PIF was sent by mistake. The letter is still good and any court will take it as evidence as paid unless the CA can show some gross error that is obvious. What I mean by that is if for example you owed 5,000 and a collection sent a paid in full letter for the amount of $5.000 instead of $5,000. That would be an obvious gross gramatical area on a CAs part and any court would probably find in favor of the CA.

I will look online for the court papers in my current county and try to get this in the mail today!

Oh, speaking of that, regarding small claims, do I have to file in the county that I live IN, or can I use the county where I work?

My guess is only the county you live in but you could probably call the court house and find out.

Who do I list as the defendent? The attorney Patenaude & Felix or the Collection Agency Palisades? Both?

The Missouri limit for small claims is $3,000. Someone mentioned sueing for $4,000 for the items that they are in violation of. Should I sue for $4,000 in Small Claims (knowing that I could only collect $3,000), or should I sue in a different court (Civil?) for the larger amount plus expenses?

From the States website:

Choose the Right Court ("Venue")

You must choose the correct court in which to file your claim. If you file in the wrong court, you will have to refile in the right court and pay the filing fee again. You have a number of courts to choose from, but check with the clerk to be sure you are in the right court and the right county. A claim can be filed in the small claims court:

in the county where the defendant lives. If the plaintiff is suing more than one defendant on the same claim, filing is proper in the county in which at least one of the defendants lives;

in the county where the transaction occurred that is the basis of your claim;

in the county where the plaintiff lives and the defendant may be found in that county (i.e., the defendant works in that county or has other regular business there);

in any county where the defendant has an office if the defendant is a business; or

in the county of the registered agent of a business."


Okay so please someone smarter than me tell me what this means ... I lived in county "A", the check was cut to the Collection company from county "B", and mailed to defendent in another state altogether. Does "in the county where the transaction occurred that is the basis of your claim" fit the bill?

pleeeeeaaassseeee can someone answer any of my questions? (blink blink hands clasped pleadingly)