Intent To Sue

is there settlement good with you?if so do it just make sure to get the PIF.

No, the settlement isn't good with me, they're still trying to collect WAY more then they should be getting, and I don't even know for sure if this company has a right to collect. I'm a little leary about paying them with no proof of the debt.

well,i would refile letters and/or complaints.

So you don't think it's worth my time to sue them? I'm on the fence with this, and not possitive what I have is enough to win. :?

well it is such a small amount,besides can't your ag help.i mean your in a gray area,they did violate the law,but the amount you owe may not be worth it.
how many other violations do you have on them?

Shazzers, the one comment you made resonates with me: "...since when has a CA ever given the consumer a break?"

To me that's all the answer you need, or at least I would need. I'm sure this same CA wouldn't hesitate to sue you if they thought they could get by with it. So many of them these days tend to care nothing about the fdcpa or violating it, thus care nothing about abusing a debtor's rights. Heck the posts we get from our NNC are pretty indicative of the CA mentality and not really an exception from the norm, in my opinion.

So, if I were in your shoes I would probably sue, but you have to do what you think is best for you. I am going after another CA as we speek, for ignoring a DV/C&D letter, and calling my Mother's phone leaving my personal business on it, when my phone is still connected and has never been turned off or changed.

I hope some others offer some of their opinions.

And again, I'm not beind down on all CA's, so I hope no one gets that impression. However, my personal experiences with them the past year have been quite disturbing, so yes I am a little miffed at CA's in general right now.

If it's not considered defamation of character and if you research the collection agency you intend to sue, you can make a point that the company has no regard for the fdcpa. Someone like Mitchell N. Kay has had many suits filed against him, I think I seen about 140. Someone like LVNV funding has had about 98 known suits in federal district courts since September of 2005.

The evidence you have plus the company's reputation might be in your favor. If you sue in small claims, you might be entitled to treble damages. In Massachusetts I can claim that a violation of the FDCPA is a per se violation of Ch. 93A(2). In Massachusetts court the only way to get double or treble damages is landlord, Ch. 93A which is consumer protection. In that case it cannot exceed $2,000 either way, then I could be entitled to $6,000.

Check your states Small Claims Rules and see if anything I mentioned applys OR remind me what state you live in and I will look for you.

Royal Flush.

I appreciate everyones opinion. This CA's reputation is VERY bad. I don't trust them at all. They have an honorable mention on Bud Hibbs website, and are known NOT to validate but sues anyhow. They are placing a black mark on my credit report, and still haven't proved they own this debt.

They can't harass me because I changed my phone number (or I am sure they would). They ignored my validation letter, and continued trying to collect from me. I doubt I would get any money out of them, probably just the satisfaction of taking them to court for violating the fdcpa, which is suppose to be worth up to $1000.00. Even though it's a small amount (what they claim I owe), they have still caused me undue stress by not cooperating with me, because quite honestly, I don't know what their next move might be. What to do, what to do.

Shazzer,
Dispute the mark on your Credit Report, if they verify the information they are once again in violation of the law, so now you have two violations.
Then I would send a demand letter, stating that this is a follwo-up request for validation first leter sent XX-XX-XX sign for by X on XX-XX-XX.
Then state that they are in violation of the law for sending you a settlement offer and for verifying (if they do) the debt without sending validation information as required by Federal Law.
Go to your local courts' website and get the papers for a Small Claims action fill them out and send them along with your letter and copies of the original letter and green receipt, giving them until a certain date to either provide the legally mandated information or remove the listing from your Credit Reports.
If they don't respond file the paperwork and have it served on the companies Agent of Service. This info should be available from your states department that handles corporate licensing.
Then if

Quote:

It is considered a collection activity.

I thought so, wasn't sure though.

Yup. If I were you I would sue. I did, even though the debt they said I owed was only 300 bucks. As a matter of fact their lawyer tried to say, "sueing on a $300 debt is rediculous!" But you know what? they sure agreed to a settlement for me to drop the suit. :)

goldenbast:
Quote:

LOL!

Suing on a $300 debit is ridiculous? Wait a minute, weren't they attempting to sue you for said debt? Could you have used that defense in front of the Judge?

Probably not.

Beside, you weren't suing on the $300 debt, GoldenBast, you were suing for their wanton violations of the fdcpa!

Just another example of how CA's feel justified in whatever means they use to attempt to collect on debts, even if it's blatantly violating the FDCPA, but think it's a pesky little annoyance when you stand up for your rights.