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I've recently sued this law firm for 2 violations under the FDCPA.

My question is I just recently filed suit in small claims & received a notice stating that a mediation will be scheduled first.

I've read a few different things on-line that I should try getting them to settle before court. Does anyone have an opinion on this?




Pretty common. You will probably just get your statutory $1000 unless you have other damages.


Sub: #1 posted on Tue, 04/30/2013 - 07:22

SOAPLADY SOAPLADY
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please keep us posted on how this goes. I have to deal with Javitch as well. How did they violate the FDCPA, in your case? Soap Lady, when you sue and win against a collector, what happens regarding the amount you allegedly owe the original creditor?


Sub: #2 posted on Mon, 05/06/2013 - 18:06

AnneOnymous AnneOnymous

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In most cases it doesnt affect the debt owed. The debt is usually a seperate matter unless you make it part of the case.


Case in point....my ex defaulted on a Citibank account that was assigned to UBC, UBC called 3 family members in another state and left messages on their voice mails telling them that he was going to be arrested that afternoon and taken to jail. We got a good attorney although 3 copies of voice mails pretty well sealed the case...statuatory damages were $1000, plus $10,000 in punitive damages for emotional distress. Plus they had to pay legal costs. Citibank cancelled the debt rather than being sued as there were other court cases that had been settled/gone to court and they knew that UBC was using this tactic. They still continue to use this CA. voluntarily. However punative damages are not usually permitted in small claims court...only the actually monetary loss.


I am curious as to what the violations were.


Sub: #3 posted on Mon, 05/06/2013 - 18:22

SOAPLADY SOAPLADY
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