Where to sue CA ?

[lovetocook]

I DV'd the Coll Ag within the 30 days and included the cease & desist lines. Of course they are continuing to call and I have told them not to. I know this is a violation of FDCPA and I think ITS !!

Small claims court has to be initiated in their home county, but they are out of state (TN) - I am in NC.
So what to do???

[mr.yet]

QUESTIONS TO ASK DEBT COLLECTOR WITH YOU DISPUTE THEIR CLAIM.

Debt collector name
Address
state

RE; Account




DEBT COLLECTOR DISCLOSURE STATEMENT
This statement and the answers contained herein may be used by Respondent, if necessary, in any court of competent jurisdiction.
Notice: This Debt Collector Disclosure Statement is not a substitute for, nor the equivalent of, the hereinabove-requested verification of the record, i.e. “Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition” (Black’s Law Dictionary, Sixth Edition, 1990), re the alleged debt, and must be completed in accordance with the Fair Debt Collection Practices Act, 15 USC §1692g, applicable portions of Truth in Lending (Regulation Z), 12 CFR 226, and demands as cited above Disputed Debt. Debt Collector must make all required disclosures clearly and conspicuously in writing re the following:
1.Name of Debt Collector: ……………………………………………………………….……………………………………………...
2.Address of Debt Collector: ……………………………………………….……………………………..…………………………….
3.Name of alleged Debtor: …………………………………………………………..………………………………………………….
4. Address of alleged Debtor: ……………….……………………………………...………………………………………………….. .
5. Alleged Account Number: ………..…………...……………………………………………………………………………………. ..
6.Alleged debt owed: $………………………………….……………………………………………………..……………………… ...
7.Date alleged debt became payable: ……...…………………………….………..……………..…..……………………………….
8.Re this alleged account, what is the name and address of the alleged Original Creditor, if different from Debt Collector?
…………………………………………………………………………………………………………………………………… ………
9. Re this alleged account, if Debt Collector is different from alleged Original Creditor, does Debt Collector have a bona fide affidavit of assignment to enter into alleged original contract between alleged Original Creditor and alleged Debtor?
YES NO
10. Did Debt Collector purchase this alleged account from the alleged Original Creditor? YES NO N/A (Not Applicable)
11. If applicable, date of purchase of this alleged account from alleged Original Creditor, and purchase amount:
Date: …………………………………………………… Amount: $……………………………………………..……………………
12.Did Debt Collector purchase this alleged account from a previous debt collector? YES NO N/A
13. If applicable, date of purchase of this alleged account from previous debt collector, and purchase amount:
Date: …………………………………………………… Amount: $……………………………………………..……………………
14. Regarding this alleged account, Debt Collector is currently the:
Owner; (b) Assignee; (c) Other – explain: …………………………………………………….… .
…………………………………………………………………………………………………………………………………… ………
15.What are the terms of the transfer of rights re this alleged account? ……….………….……….……………………………….

16. If applicable, transfer of rights re this alleged account was executed by the following method:
(a) Assignment; (b) Negotiation; (c) Novation; (d) Other – explain:…………………….…………………...……………
............………………………………………………………………………………………...…… …………………………………
17. If the transfer of rights re this alleged account was by assignment, was there consideration? YES NO N/A
18. What is the nature and cause of the consideration cited in # 17 above? ………………………….……….………..…………
………………………………………………………………………………………...…………………………………… ……………………………………………………………………………………………………...……………………… …………………………
19. If the transfer of rights re this alleged account was by negotiation, was the alleged account taken for value?
YES NO N/A
20.What is the nature and cause of any value cited in #19 above? ……………………….………………………………………...
…………………………………………………………………………………………………………………………………… ………
21.If the transfer of rights re this alleged account was by novation, was consent given by alleged Debtor? YES NO N/A
22. What is the nature and cause of any consent cited in #21 above? ………………………………………………………………
…………………………………………………………………………………………………………………………………… ………
23. Has Debt Collector provided alleged Debtor with the requisite verification of the alleged debt as required by the Fair Debt Collection Practices Act? YES NO
24. Date said verification cited above in # 23 was provided alleged Debtor: …………………………….………………………....
25. Was said verification cited above in # 23 in the form of a sworn or affirmed oath, affidavit, or deposition? YES NO
26. Verification cited above in # 23 was provided alleged Debtor in the form of: OATH AFFIDAVIT DEPOSTION
27. Does Debt Collector have knowledge of any claim(s)/defense(s) re this alleged account? YES NO
28. What is the nature and cause of any claim(s)/defense(s) re this alleged account? ……...…………………………………….
…………………………………………………………………………………………………………………………………… ………
29. Was alleged Debtor sold any products/services by Debt Collector? YES NO
30. What is the nature and cause of any products/services cited above in # 29? …….……………………………………………
…………………………………………………………………………………...……………………………...…… …………………
31. Does there exist a verifiable, bona fide, original commercial instrument between Debt Collector and alleged Debtor containing alleged Debtor’s bona fide signature? YES NO
32. What is the nature and cause of any verifiable commercial instrument cited above in # 31? .……………………………….
…………………………………………………………………………………...……………………………...…… …………………
33. Does there exist verifiable evidence of an exchange of a benefit or detriment between Debt Collector and alleged Debtor? YES NO
34. What is the nature and cause of this evidence of an exchange of a benefit or detriment as cited above in # 33? …………………………………………………………………………………...……………………………...…… ………………
35. Does any evidence exist of verifiable external act(s) giving the objective semblance of agreement between Debt Collector and alleged Debtor? YES NO
36. What is the nature and cause of any external act(s) giving the objective semblance of agreement from #35 above? …………………………………………………………………………………………………………………………………… ……
37. Have any charge-offs been made by any creditor or debt collector regarding this alleged account? YES NO
38. Have any insurance claims been made by any creditor or debt collector regarding this alleged account? YES NO
39. Have any tax write-offs been made by any creditor or debt collector regarding this alleged account? YES NO
40. Have any tax deductions been made by any creditor or debt collector regarding this alleged account? YES NO
41. Have any judgments been obtained by any creditor or debt collector regarding this alleged account? YES NO
42. At the time the alleged original contract was executed, were all parties apprised of the meaning of the terms and conditions of said alleged original contract? YES NO
43. At the time the alleged original contract was executed, were all parties advised of the importance of consulting a licensed legal professional before executing the alleged contract? YES NO
44. At the time the alleged original contract was executed, were all parties apprised that said alleged contract was a private credit instrument? YES NO

Debt Collector’s failure, both intentional and otherwise, to complete/answer points “1” through “44” above and return this Debt Collector Disclosure Statement, as well as provide Respondent with the requisite verification validating the hereinabove - referenced alleged debt, constitutes Debt Collector’s tacit agreement that Debt Collector has no verifiable, lawful, bona fide claim re the hereinabove-referenced alleged account, and that Debt Collector tacitly agrees that Debt Collector waives all claims against Respondent and indemnifies and holds Respondent harmless against any and all costs and fees heretofore and hereafter incurred and related re any and all collection attempts involving the hereinabove-referenced alleged account.
Declaration: The Undersigned hereby declares under penalty of perjury of the laws of this State that the statements made in this Debt Collector Disclosure Statement are true and correct in accordance with the Undersigned’s best firsthand knowledge and belief.

____________________________________ ____________________________________
Date Printed name of Signatory

____________________________________ ____________________________________
Official Title of Signatory Authorized Signature for Debt Collector

Debt Collector must timely complete and return this Debt Collector Disclosure Statement, along with all required documents referenced in said Debt Collector Disclosure Statement. Debt Collector’s claim will not be considered if any portion of this Debt Collector Disclosure Statement is not completed and timely returned with all required documents, which specifically includes the requisite verification, made in accordance with law and codified in the Fair Debt Collection Practices Act at 15 USC §1692 et seq., and which states in relevant part: “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt,” which includes “the false representation of the character, or legal status of any debt,” and “the threat to take any action that cannot legally be taken,” all of which are violations of law. If Debt Collector does not respond as required by law, Debt Collector’s claim will not be considered and Debt Collector may be liable for damages for any continued collection efforts, as well as any other injury sustained by Respondent. Please allow thirty (30) days for processing after Respondent’s receipt of Debt Collector’s response.








Recording Requested by, and
When Recorded Return to:

Your name
Address
State and zip code


__________________________________________

[acicalla]

If you have proof that you have served the document then here is some info I found on recourse. If you document and do this right you can make money from these fools. Most violations are 1,000 per instance and if you document this you can get a default in small claims and get paid for their harassment of you. Hope this helps some of you.

These are just a few of the common, and groundless, threats some unethical collection agencies will make. If you are being subjected to abusive and harassing debt collection activities, you should file a complaint with your state attorney general’s office, the BBB, and/or your state’s agency which licenses collection agencies.


Link to federal trade commission
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
Link to file a complaint with the federal trade commission.
https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01

Link to original page
http://www.creditinfocenter.com/eBoo...nLawsuit.shtml

Profit while helping others
The best news is that typically, each violation can be a $1,000 fine, so it's money in your pocket. In addition, you are going to help make someone else's life better by suing someone who has broken the law. If everyone took action when their rights were violated, the credit bureaus would lose a fortune in legal disputes. It's time to protect your rights as a consumer as well as protecting the rights of your fellow United States citizens.

So Who Can You Sue and What Can You Sue For?
Who Why Precedent/Law Fine
Creditors if they report your credit history inaccurately Defamation, financial injury
US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan Extent of damages incurred by the wronged party as deemed by the courts
Creditors, if you dispute a debt, and they fail to report it as disputed to the credit bureaus Protection under the FCRA FCRA
Section 623. $1,000
Creditors if they pull your credit file without permissible purpose Injury to your credit report and credit score FCRA Section 604 (A)(3) $1,000
Credit bureaus if they refuse to correct information after being provided proof Defamation, willful injury FCRA Section 623


CUSHMAN, v. TRANS UNION CORPORATION US Court of Appeals for the Third Circuit Court Case 115 F.3d 220
June 9, 1997, Filed (D.C. No. 95-cv-01743).
Extent of damages incurred by the wronged party, as deemed by the courts
Credit bureaus if they reinsert a removed item from your credit report without notifying you in writing within 5 business days. Consumer protection afforded by the FCRA FCRA Part (A)(5)(B)(ii) $1,000
Credit bureaus if they fail to respond to your written disputes within 30 days (a 15 day extension may be granted if they receive information from the creditor within the first 30 days) Consumer protection afforded by the FCRA FCRA Section 611 Part (A)(1) $1,000
Collection Agency can NOT be BOTH
purchaser and 'assignee'
it's one or the other Protection under the FDCPA Gearing v. Check Brokerage Corp
233 F.3d 469 (7th Cir. 2000) $1000
Misrepresentations by the collector about
themselves or the debt
are actionable regardless
of intent Protection under the FDCPA Gearing v. Check Brokerage Corp
Cacace v. Lucas, 775 F. Supp. 502, 505 (D. Conn. 1990) $1000
Creditors or collection agencies, and credit bureaus if they try and “Re-age” your account by updating the date of last activity on your credit report in the hopes of keeping negative information on your account longer Consumer protection afforded by the FCRA FCRA Section 605
(c) Running of the reporting period $1,000
If you dispute a debt, the collection agency fails to report it disputed to the credit bureaus Protection under the FDCPA FDCPA
Section 807(8) $1,000
Collection agencies if they do not validate your debt yet continue to pursue collection activity (file for judgments, call or write you) Consumer protection afforded by the FDCPA FDCPA
Section 809 (b),

FTC opinion letter Cass from LeFevre
$1,000
Collection agencies if you have sent them a cease and desist letter and they still call you Consumer protection afforded by the FDCPA FDCPA
Section 805 (c) $1,000
Collection agencies if they have not validated your debt and they still continue to report to the credit bureaus Consumer protection afforded by the FDCPA FDCPA Section 809 (b),


FTC opinion letter Cass from LeFevre
$1,000
Collection agencies if they: - Cash a post-dated check before the date on the check
- Cost you money by making you accept collect calls or COD mail
- Take or threaten to take any personal property without a judgment Consumer protection afforded by the FDCPA FDCPA 808 Section $1,000
If a collector calls you after 9 PM at night or before 8 AM Consumer protection afforded by the FDCPA FDCPA Section 805. (a)(1) $1,000
Calls you at your place of employment if the debt collector knows or has reason to know that your employer prohibits the consumer from receiving such communication. Consumer protection afforded by the FDCPA FDCPA Section 805. (a)(3) $1,000
Calls any third part about your debt like friends, neighbors, relatives, etc. However they can contact your attorney, a consumer reporting agency, the creditor, the attorney of the creditor, or the attorney of the debt collector. Consumer protection afforded by the FDCPA FDCPA Section 805. (b) $1,000
The collection agency can not use any kind of harassment or abuse** Consumer protection afforded by the FDCPA FDCPA Section 806 $1,000
Collector cannot claim to garnish your wages, seize property or have you arrested *** Consumer protection afforded by the FDCPA FDCPA Section 807 $1,000
Collector must you in a county in which you lived when you signed the original contract for the debt or where you live at the time when they file the lawsuit Consumer protection afforded by the FDCPA FDCPA Section 811 (a) (2) $1,000
Also a good grounds for getting a judgment vacated


** (1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. (2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. (3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting (4) The advertisement for sale of any debt to coerce payment of the debt. (5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. (6) Placement of telephone calls without meaningful disclosure of the caller's identity.

***If the collection agency get a judgment against you, then they will be able to garnish your wages and seize property, but until that time, no.

If you want the complete, step-by-step guide to filing and winning a small claims lawsuit against a creditor, credit bureau or collection agency, you want to order our eBook for $10.95:
Turning the Tables on Your Creditors: Win Money in Court While Protecting Your Rights

Originally Posted by lovetocook

I DV'd the Coll Ag within the 30 days and included the cease & desist lines. Of course they are continuing to call and I have told them not to. I know this is a violation of FDCPA and I think ITS !!

Small claims court has to be initiated in their home county, but they are out of state (TN) - I am in NC.
So what to do???