|
OK, a lawyer won't take my case, Ummm how do I take a collection agency to small claims court? I'm fairly certain I have a case and can sue for the max 5k in small claims, but like... how? Especially with the agency being in washington and me in new mexico ahhhh!
Veskit fucked around with this message at 21:48 on Jan 30, 2015 |
#
?
Jan 30, 2015 21:34
|
|
|
|
| # ? May 17, 2024 15:01 |
|
|
Veskit posted:OK, a lawyer won't take my case, Ummm how do I take a collection agency to small claims court? Pretty easily, you pay the fee and have them served. Every town/City will have a slightly different way to do it, but we live in the internet era, so it's easy to research, and the clerks tend to be helpful and the judge/magistrate also tend to be borrower friendly.
|
|
#
?
Jan 30, 2015 21:48
|
|
|
LorneReams posted:Pretty easily, you pay the fee and have them served. Every town/City will have a slightly different way to do it, but we live in the internet era, so it's easy to research, and the clerks tend to be helpful and the judge/magistrate also tend to be borrower friendly. Do i have to do a federal suit because it's cross state lines?
|
|
#
?
Jan 30, 2015 21:50
|
|
|
Veskit posted:Do i have to do a federal suit because it's cross state lines? The violation dosen't cross state lines unless you moved in the middle of your complaint or something.
|
|
#
?
Jan 30, 2015 21:52
|
|
|
LorneReams posted:The violation dosen't cross state lines unless you moved in the middle of your complaint or something.  Does that mean they have to fly out to defend themselves or is it all letter based kind of thing. I guess I'll research on the internet and file a suit asap.
|
|
#
?
Jan 30, 2015 21:54
|
|
|
Veskit posted:
Yes. They have to appear to avoid a default judgment, and in some areas, they can't send a lawyer, it has to be an officer of the company. Usually they settle at notice.
|
|
#
?
Jan 30, 2015 22:02
|
|
|
LorneReams posted:Yes. They have to appear to avoid a default judgment, and in some areas, they can't send a lawyer, it has to be an officer of the company. Alright, I'll let everyone know when I filed suit against them and when I served them 
|
|
#
?
Jan 30, 2015 22:14
|
|
|
Actually I'm back with a question. There are multiple FDCPA violations perpetrated by this company, so when I file suit do I have to file a separate law suit for each violation? I read in one place that the max you can sue for a FDCPA violation case is 1000 per lawsuit not per violation.
|
|
#
?
Jan 31, 2015 04:35
|
|
|
OssiansFolly posted:I thought it was 7 years from when the debt first defaulted... For student loans, I believe it would be the most recent default, but that is still not the same as last activity.
|
|
#
?
Jan 31, 2015 06:43
|
|
|
Veskit posted:Actually I'm back with a question. There are multiple FDCPA violations perpetrated by this company, so when I file suit do I have to file a separate law suit for each violation? I read in one place that the max you can sue for a FDCPA violation case is 1000 per lawsuit not per violation. It's per violation, and it's pretty clear in the fdcpa. The problem you run into is caps on small claims.
|
|
#
?
Jan 31, 2015 06:51
|
|
|
LorneReams posted:It's per violation, and it's pretty clear in the fdcpa. The problem you run into is caps on small claims. It's 10k here in new mexico so I think it'll be ok. Thanks Lorne I appreciate it.
|
|
#
?
Jan 31, 2015 07:09
|
|
|
Filed the lawsuit  How the heck do I serve a company in washington state from new mexico even they were like pfft i dunno.
|
|
#
?
Feb 2, 2015 21:23
|
|
|
Veskit posted:Filed the lawsuit Hire a process server?
|
|
#
?
Feb 2, 2015 22:06
|
|
|
Veskit posted:Filed the lawsuit Call the sheriff's office in that jurisdiction and ask.
|
|
#
?
Feb 3, 2015 00:54
|
|
|
Veskit posted:Filed the lawsuit If they are licensed to collect in your state they will be registered with the secretary of state. Have the court serve the registered agent via sheriff, or certified mail if possible (it's cheaper). Also, you had asked earlier about filing separate lawsuits for each violation. You probably figured it out already but for the sake of clarifying for everyone else: no, you just lump them all into one suit and and enumerate the charges. Find a sample FDCPA complaint for your state if you need an outline but it should be fairly straightforward.
|
|
#
?
Feb 3, 2015 03:54
|
|
|
Can a collector discharge a debt they refused to validate?
|
|
#
?
Feb 3, 2015 10:59
|
|
|
I got called by debt collectors after I sent in a letter stating I wanted to conduct business by mail. What sort of evidence should I make sure to get so they can't just say "Nuh-uh, we never called him"?
|
|
#
?
Feb 4, 2015 05:55
|
|
|
22 Eargesplitten posted:I got called by debt collectors after I sent in a letter stating I wanted to conduct business by mail. What sort of evidence should I make sure to get so they can't just say "Nuh-uh, we never called him"? Phone records and/or record your phone calls. Most smart phones support call recording.
|
|
#
?
Feb 4, 2015 06:17
|
|
|
VideoTapir posted:Phone records and/or record your phone calls. Most smart phones support call recording. Just make sure to let them know they are being recorded. Fun trick I used, if they decline to be recorded and/or hang-up, you can log the decline as proof that they called.
|
|
#
?
Feb 4, 2015 15:00
|
|
|
Please check local laws before you record calls. Some states, like mine (Michigan), let you record a call as long as one person involved in the call (you) give consent and you don't need to tell the other person. Some states require both parties to give consent. I'm sure your phone records from your provider will be enough to just prove they called, since they include if it's an incoming or outgoing call and how long it lasted. It wouldn't have record of any additional things they did that broke the law during the call though.
|
|
#
?
Feb 4, 2015 15:12
|
|
|
100 HOGS AGREE posted:I'm sure your phone records from your provider will be enough to just prove they called, since they include if it's an incoming or outgoing call and how long it lasted. It wouldn't have record of any additional things they did that broke the law during the call though. It's very easy to change outbound caller id. Debt collectors routinely do this.
|
|
#
?
Feb 4, 2015 15:31
|
|
|
LorneReams posted:Just make sure to let them know they are being recorded. Most of them say "this call is being recorded", so just repeat back "this call is being recorded?" If they reply back "yes" you are in the clear. Yes it is really tricky, but when I was fighting a creditor a couple years ago my lawyer gave me the green light on this tactic. As long as they repeat back that they are aware the call is being recorded.
|
|
#
?
Feb 4, 2015 17:10
|
|
|
OssiansFolly posted:Most of them say "this call is being recorded", so just repeat back "this call is being recorded?" If they reply back "yes" you are in the clear. Yes it is really tricky, but when I was fighting a creditor a couple years ago my lawyer gave me the green light on this tactic. As long as they repeat back that they are aware the call is being recorded. I was told anything like "This call may be recorded" is OK. Wiretapping laws deal with notification, not consent.
|
|
#
?
Feb 4, 2015 19:41
|
|
|
OK I'm going to serve them via certified letter because doing it via the county could cost up to 150 bucks. Just to make sure I'm covering all my bases, I just need to send the order out with the two attached copies via First class mail with signature, and include postage with my address on it. https://www.pfiserves.com/rules/new_mexico.htm#_Toc135116719 Here is the law accordingly.
|
|
#
?
Feb 4, 2015 21:02
|
|
|
I have a single blemish on my credit report, a ~$500 fee to to the physician or hospital regarding being rear ended when I was in school, unable to pay, and my stepfather said he'd cover it. He then forgot about it, lost paperwork, and welp. It should expire in 2017, and being 2015, I think I have some leverage with the time horizon. On the other hand, "No pay for delete!" is a common issue. Is it worth even paying this anymore? I'm intending on refinancing many things this summer when I get my credit cards zeroed out, and I wonder if this is even going to matter. Otherwise, the only issues with my credit would be age on accounts, most of which is due to cards being canceled and recreated because of the identity theft poo poo at Target a while back. Ugh.
|
|
#
?
Feb 5, 2015 20:44
|
|
|
Figured it out I needed to attach two specific papers and an envelop so they can mail me back bitches gat served!
|
|
#
?
Feb 6, 2015 17:01
|
|
|
Veskit posted:Figured it out I needed to attach two specific papers and an envelop so they can mail me back bitches gat served! Thanks for this. As more people sue, this bullshit will happen less.
|
|
#
?
Feb 6, 2015 18:44
|
|
|
LorneReams posted:Thanks for this. As more people sue, this bullshit will happen less. I don't really deserve to be thanked, but I will say the thing that pushed me into doing this the hardest was watching the documentary Hot Coffee. As cheesy as it sounds it almost felt like a civic duty to do it at this point because of how they did it. I also hate how it makes me feel shameful that I feel like it's my duty to try and take money from someone. What a weird system.
|
|
#
?
Feb 6, 2015 20:04
|
|
|
Sub Rosa posted:It's very easy to change outbound caller id. Debt collectors routinely do this. Just FYI, what you see on Caller ID and what call records from your phone provider show are two different things. Getting actual phone logs from your provide will/should reveal their actual number no matter what they're doing with their Caller ID.
|
|
#
?
Feb 7, 2015 08:43
|
|
|
mishaq posted:Just FYI, what you see on Caller ID and what call records from your phone provider show are two different things. Getting actual phone logs from your provide will/should reveal their actual number no matter what they're doing with their Caller ID. This is not correct. Phone numbers are more properly known as DIDs, for Direct Inward Dialing. You don't actually need to have a DID at all to place outbound calls, because their purpose is routing inbound calls, so there is really no such thing as "their actual number" in cases such as that.
|
|
#
?
Feb 7, 2015 10:56
|
|
|
Well this is fun. Since Sallie Mae has been playing this shell game with collectors as soon as I tell them not to call me, my attorney is telling me it looks like I have at least three cases now ready to go. On one debt. Heh.
|
|
#
?
Feb 9, 2015 21:07
|
|
|
Sub Rosa posted:This is not correct. Phone numbers are more properly known as DIDs, for Direct Inward Dialing. You don't actually need to have a DID at all to place outbound calls, because their purpose is routing inbound calls, so there is really no such thing as "their actual number" in cases such as that. I didn't want to get into the technical details in a debt thread, but if you insist... Whatever you see on caller ID comes from a CNAM database entry which in theory can display anything, but in practice usually is at least directly related to the line or lines the number calling you is related to. While spoofing or altering this information to deceive people is illegal, it doesn't stop scummier people from at least trying to bend the rules and making the information displayed at least not helpful For billing purposes, the originating call must come from SOMEWHERE, as the source caller is paying for the call, and the call cannot be billed properly without some information. There is a higher chance (nothing is guaranteed) getting your actual phone records will give more information than what the Caller ID says, especially if you suspect foul play. For example, a company that operates multiple call centers around the US might send only a single unified 1-800 number for its Caller ID info, but to specifically know if someone from the Louisville, KY call center called you, your phone records can (but not necessarily will) demonstrate this to you, irrespective of what your Caller ID actually said. Disagreeing with what I said earlier about it being potentially helpful to get actual call records from your phone company vs simply recording what numbers you see on your caller ID says is incorrect and not helpful for people in this thread. tl;dr for the non-dorks in this thread, getting actual phone records from your provider can provide more insight into who is actually calling you if what the caller ID says is not helpful
|
|
#
?
Feb 9, 2015 21:24
|
|
|
I don't know if this is the right thread for me. I have a debt from an eviction from a rental property. (Be careful who you shack up with!). It worked similarly to the descriptions in the OP, they called for a while, then stopped, then a long while later someone else called, who I assume is someone the debt got sold to. Do rental property debts get sold the same way credit card ones do? I'm getting to a better place financially and it's time to start looking at paying off that debt, doubly so since it's really hurting my ability to rent property with the eviction on my record. Could I contact the company currently holding my debt, assuming it got sold, and discuss a removal of the record on my credit for a fee? What are my options? Thanks in advance.
|
|
#
?
Feb 17, 2015 19:15
|
|
|
Well, I got my answer back. Looks like I'll have my day in court  gently caress me this is intimidating. I'm going to spend a weekend researching against this lawyer to at least bare minimum not lose so hard that i have to pay lawyer fees. I'm guessing they don't sick a lawyer on you like this before they settle do they 
|
|
#
?
Feb 21, 2015 01:37
|
|
|
Veskit posted:Well, I got my answer back. Looks like I'll have my day in court I would research the violations you are suing for and have printouts of everything. Also, in my area, the lawyer is not allowed to speak for the company's behest.
|
|
#
?
Feb 21, 2015 04:08
|
|
|
LorneReams posted:I would research the violations you are suing for and have printouts of everything. Also, in my area, the lawyer is not allowed to speak for the company's behest. I will bring a printout of each violation for the trial. Also I just checked and you can bring a lawyer to represent you in small claims court in this state.
|
|
#
?
Feb 21, 2015 06:21
|
|
|
mishaq posted:Whatever you see on caller ID comes from a CNAM database entry which in theory can display anything, but in practice usually is at least directly related to the line or lines the number calling you is related to.  mishaq posted:While spoofing or altering this information to deceive people is illegal, it doesn't stop scummier people from at least trying to bend the rules and making the information displayed at least not helpful mishaq posted:For billing purposes, the originating call must come from SOMEWHERE, as the source caller is paying for the call, and the call cannot be billed properly without some information. There is a higher chance (nothing is guaranteed) getting your actual phone records will give more information than what the Caller ID says, especially if you suspect foul play. mishaq posted:For example, a company that operates multiple call centers around the US might send only a single unified 1-800 number for its Caller ID info, but to specifically know if someone from the Louisville, KY call center called you, your phone records can (but not necessarily will) demonstrate this to you, irrespective of what your Caller ID actually said. mishaq posted:Disagreeing with what I said earlier about it being potentially helpful to get actual call records from your phone company vs simply recording what numbers you see on your caller ID says is incorrect and not helpful for people in this thread. mishaq posted:but if you insist... Sub Rosa fucked around with this message at 08:15 on Feb 21, 2015 |
|
#
?
Feb 21, 2015 07:58
|
|
|
Veskit posted:I will bring a printout of each violation for the trial. Also I just checked and you can bring a lawyer to represent you in small claims court in this state. Bring a printout of the law as well, you can't assume the judge /magistrate will know the statutes. Good luck!
|
|
#
?
Feb 21, 2015 15:11
|
|
|
LorneReams posted:Bring a printout of the law as well, you can't assume the judge /magistrate will know the statutes. Good luck! Sorry for the confusion but is the law not the FDCPA violation? Like the specific ones and their relations to each one?
|
|
#
?
Feb 21, 2015 19:20
|
|
|
|
| # ? May 17, 2024 15:01 |
|
|
Veskit posted:Sorry for the confusion but is the law not the FDCPA violation? Like the specific ones and their relations to each one? Yes, they may not have any idea what you are talking about and need to be shown specifically.
|
|
#
?
Feb 21, 2015 21:03
|
|