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  1. #1
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    Oct 2010
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    Default How to Sue a Collection Agency - I'm in Texas, Agency is in Michigan

    I let a credit card go into default in the tune of 17k in 2006. 3 different collection agencies contacted me about collecting the 17k, but since I don't have that kind of coin, I didn't do anything with them. Now, 4 years later, I'm getting a collections letter from the great Asset Acceptance LLC., for 33k. I've sent them a certified letter pursuant to FDCPA 808., requesting validation and the only thing they sent me back was a letter stating they investigated it and it's correct. So I sent them a second certified letter once again asking for validation, telling them that a simple sheet they printed stating it's valid is not sufficient by any means and outlining what they need to send, and again, they sent me their "we investigated and it's valid" reply. So at this point I'm sending the 3 credit reporting agencies letters to dispute it hoping they can get more than I did, but if not, what are the steps I need to take to sue them for FDCPA violations for reporting incorrect information after a validation and dispute letter has been sent, but no validation or verification has been done in a sufficient manner.

  2. #2
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    Default Re: Steps to Sue a Collection Agency - I'm in Texas, Agency is in Michigan

    first, it's section 809 of the FDCPA.



    so, what were you expecting as validation?

    and to save you a step or two, this is from a court case involving what you are alleging.

    Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir.1999). At the minimum, "verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed." Id. at 406
    and it sounds like that has been fulfilled.

  3. #3
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    Default Re: Steps to Sue a Collection Agency - I'm in Texas, Agency is in Michigan

    Presumably they have to indicate the original creditor and the amount and the other statutory requirements of sec 809.

  4. #4
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    Default Re: Steps to Sue a Collection Agency - I'm in Texas, Agency is in Michigan

    Quote Quoting flyingron
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    Presumably they have to indicate the original creditor and the amount and the other statutory requirements of sec 809.
    since the OP is aware of where the debt originated, I presume they did indicate who the OC is and as long as they contacted the OC and verified the amount. I do not see any other requirements required not provided.

    http://www.law.cornell.edu/uscode/15...2---g000-.html

  5. #5
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    Default Re: Steps to Sue a Collection Agency - I'm in Texas, Agency is in Michigan

    SPEARS v. BRENNAN Greg A. SPEARS, Appellant-Plaintiff, v. Timothy L. BRENNAN, Appellee-Defendant. No. 49A02-0003-CV-169. -- March 26, 2001


    FIELDS v. WILBER LAW FIRM Jodi FIELDS, Plaintiff-Appellant, v. WILBER LAW FIRM, P.C., a dissolved corporation, and Donald L. Wilber and Kenneth Wilber, doing business as Wilber Law Firm, P.C., a dissolved corporation, Defendants-Appellees. No. 03-4108. Argued May 27, 2004. -- September 02, 2004

    Simply stating "verification" or "validation" was done is NOT sufficient in a court of law, actual evidence must be sent to the consumer.

    The FDCPA does not specifically spell out the requirements of debt validation. However, there is general agreement among the legal community and the Federal Trade Commission as to what would and would not be considered proper debt validation.

    Proper Debt Validation (any of the following items):

    ■A copy of a statement from the original creditor.
    ■A copy of a check from you.
    ■A copy of an itemized list of charges and payments from the original creditor
    Improper Debt Validation (any of the following items):

    ■A computerized print out from the collection agency/law firm
    ■An affadavit from the collection agency

  6. #6
    Join Date
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    Default Re: Steps to Sue a Collection Agency - I'm in Texas, Agency is in Michigan

    Quote Quoting ivanlibya
    View Post
    SPEARS v. BRENNAN Greg A. SPEARS, Appellant-Plaintiff, v. Timothy L. BRENNAN, Appellee-Defendant. No. 49A02-0003-CV-169. -- March 26, 2001


    FIELDS v. WILBER LAW FIRM Jodi FIELDS, Plaintiff-Appellant, v. WILBER LAW FIRM, P.C., a dissolved corporation, and Donald L. Wilber and Kenneth Wilber, doing business as Wilber Law Firm, P.C., a dissolved corporation, Defendants-Appellees. No. 03-4108. Argued May 27, 2004. -- September 02, 2004

    Simply stating "verification" or "validation" was done is NOT sufficient in a court of law, actual evidence must be sent to the consumer.

    The FDCPA does not specifically spell out the requirements of debt validation. However, there is general agreement among the legal community and the Federal Trade Commission as to what would and would not be considered proper debt validation.

    Proper Debt Validation (any of the following items):

    ■A copy of a statement from the original creditor.
    ■A copy of a check from you.
    ■A copy of an itemized list of charges and payments from the original creditor
    Improper Debt Validation (any of the following items):

    ■A computerized print out from the collection agency/law firm
    ■An affadavit from the collection agency
    where are you getting those requirements. They are not in the statute, any opinions of the FTC, nor in either of the 2 cases you cited. Chaudhry's ruling still stands.

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