Re: anyone ever had actual success with lawsuit-for non-validation

Posted by CAK (66.140.213.40) on November 11, 2003 at 19:08:28:

In Reply to: Re: anyone ever had actual success with lawsuit-for non-validation posted by Bob3 on November 11, 2003 at 03:29:27:

Use the standard Petition for you locale. The sections that almost all CA & Collection Attorney's violate are;
1) Sec. 807 (8) they fail to report your dispute as disputed to the CRA's
2) Sec. 809 (b) Non validation of debt
3) Sec. 805 (c) They seem to always ship out another collection letter after the Cease and Desist.
4) Sec. 807 (10) Deceptive collection practices.
These are the ones I have used in the past and won with.

The following would fall under Sec 807 (10)
a.) Improper Validation Notice. If the validation notice veers from the FDCPA version, and it is unclear wheather you have 30 days of not, you have a chance at getting them on this.
(Case law to support this is Cavallaro v. Shapiro & Kreisman (933 F. Supp. 1148 (E.D.N.Y. 1996)

b.) Overshadowing- This is done whenever the Collection Letter creates a sense of urgency requiring action by the consumer. (In other words, if they say something like "this may include a lien on any and all assets", it is considered overshadowing. This is done a whole lot on collection letters that I've read and is a violation of FDCPA.
(Case Law to support this), Miller v. Payco 943 F. 2d 482 (4th Circuit 1991), Chauncey v. JDR Recovery Corp. 118 F. 3d 516,518 (7th Circuit 1996) Jenkins v. Diversified 999 F. Supp. 1120, 1131 (N.D. 111 1999) Remember they may not create a sense of urgency requiring you to take action or they violate FDCPA.

c.) Statutory damages, To collect statutory damages, a consumer need only prove the statute was violated, consumers do not have to prove they suffered wheather or not represented by an attorney.
(case law the support this) Wright v. Finance Service of Norwalk Inc. 22 F. 3d 647 (6th Circuit 1994) Bartlett v. Heibl, 128 F. 3d 497 (7th Circuit 1997) Wookfolk v. VanRu Credit Corp. 783 F. supp. 724 (S.D.N.Y.1995)

All the information in the world won't help you if you don't fill out a petition and take them to court.

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