Would it be worth it to sue?
Date: Sat, 09/13/2008 - 20:32
First one:
In July 2007 I receive a collection letter from Weltman, Weinberg & Reis regarding a Citibank card. So I fire off a DV/C&D letter CM RRR and hear nothing.
Fast forward to December 2007. I was looking on my local court website for details about a different case I was involved in. I noticed that I had a pending lawsuit filed by WW&R but they had the summons mailed to an address I haven't lived at since 2001. Since I don't live there anymore the summons was returned as 'undeliverable' and nothing done since.
Second one:
March 2008 I receive a collection letter from FMA Alliance about a chase account. So I fire off a DV/C&D letter CM RRR and hear nothing.
Between then and now, they have called me a total of 10 times but never left any messages. However their number showed up on my caller ID so I know it was them calling.
So basically I'm asking what are my options for suing? And would it even be worth it to file a lawsuit?
hi Jonah-- in your first example, WWR violated the law twic
hi Jonah--
in your first example, WWR violated the law twice. First, they violated federal law--the FDCPA--because they initiated a lawsuit after they received your DV letter. Second, they violated the rules of civil procedure in your state by trying to send the summons to an old address. Well, at this point, that second one isnt yet a violation, but I stated it that way because you have proof that they know where you currently live--they sent you a letter at your current address in July 2007. So, there is no way they can try to claim that they didnt know where to find you. Heres what I would do--
first, I hope you still have the following things:
---receipt card for the DV letter you sent them, showing that they signed for it.
---copy of the DV request letter you sent them.
---their original letter to you from 7/07, showing the address they sent it to.
Now, they are trying to get a default judgment, thats my take. It happens all the time with bottom-feeding firms like WWR. Their goal is simple--if they can get the case to court without you actually being notified for real, then they get a default judgment when you dont show up. But they know that they arent sending the summons to the right address--thats how they try to get around the law's requirement that they serve you. The law that handles this issue is contained in the 'Rules of Civil PRocedure' for your state....also known as "process serving laws".
I would most definitely act on the first case, because they are in the midst of trying to wrongly get a default judgment against you right now. I would make a motion with the court that this case be dismissed with prejudice, and I would make it on the following grounds:
1--WWR has ignored a previously-received and timely validation request letter, and subsequently filed this lawsuit against you, which constitutes collection action. Section 809 of the fdcpa prohibits a third party collector from taking ANY AND ALL collection activity against you, once they receive your DV letter, until they are able to provide you with proper validation. Only after they do that can they start up collection efforts again. You should provide a copy of the DV letter you sent, and a copy of the signature receipt card as proof of your claim.
2--WWR is clearly attempting to circumvent your state's Rules of Civil Procedure by trying to serve you at an address that they know to be invalid. AS evidence of this, you should provide a copy of the letter that they sent to you in 7/2007. You should also point out the copy of the letter you sent to them, if you put your mailing address on it. This will show that they were already fully aware of the correct address, and you can easily argue that they deliberately tried to serve you at an address that you havent lived at in 7 years so that they could illegally obtain a default judgment against you.
One more thing that you must do--before you file anything, it is a must that you check all three of your credit reports---WWR is famous for incorrectly reporting information on credit reports. Here is why that is so important--what you have right now, you can sue them for a maximum of $1000 plus any actual damages, plus any attorney fees and court costs. But if they mess with your credit report, and they violate the Fair Credit Reporting Act(FCRA), then each individual violation is worth up to $1000 a piece in court. If they make one mistake, but they make it on all three of your reports, then that's a potential $3000 right there. I think you can see where this is going. I am currently working on a lawsuit of my own, total for FDCPA violations I am seeking is $1000, but the total in FCRA violations is $13,000.....you see my point?
On the second one, again, this is FDCPA violation--the same one actually, about continued collection effort while ignoring a DV letter. Worth up to $1000 in statutory damages. For this one, you can use a phone bill if it shows incoming calls, or you can use the caller ID on your telephone. The law doesnt require them to stop all contact with you, however, once they get your DV letter. They can still call you, but only to inform you of their next step. Of course, if your DV letter told them not to call you and they called anyways, then that is a cease and desist clause that they violated, also an FDCPA violation. IMO you have a better shot with the first one at this point because you have physical evidence that shows more effort by them to ignore the law. Once you check your credit reports, I would be happy to help make sense of anything they put on there if you would like to post the info up here.
Jon
