Re: What to do? - CA still calling after cease and desist letter
[ Follow Ups ] [ Post Followup ] [ Credit Forum Index ]
Posted by CAK
(66.140.213.115) on November 26, 2003 at 20:38:29:
In Reply to: What to do? - CA still calling after cease and desist letter posted by Horace on November 26, 2003 at 19:34:25:
For good evidence in court you need a small log book, note book etc., so that you can write down the day, time, and what the CA said, as it corresponds with your recorded messages. A log book will hold up nicely in court. You also will have your CRRR to show that they did not C&D and did not validate. So your petition will look like this; Illegal Collection Practices/Fair Debt Collection Practices Act Section 805 (c) did not Cease and Desist
Section 807 (10) Deceptive Collection Practices
Section 808 (1) Attempted Collection of an amount not entitled to.
Section 809 (b) non validation of debt You should get a Judgment against the CA for $1000.00 plus your costs back. You can ask for more in your Petition, up to the maximum allowed in your small claims division, however you will only receive Judgment for $1000.00 plus your costs. I have always asked for more but never received any more than FDCPA allows. I can't seem to get a Judge to slip up and give me more. When you serve their Registered Agent, you will probably get a call from the CA wanting to settle the debt with you. If you want to as you are in the driver seat now, tell the CA that you want a Written Agreement zeroing out this alleged debt, deletion of their Trade Line from your CR and a statement in Writing that no part of this alleged debt will be sold off or transferred to another CA or Debt Buyer. You can also ask that they pay you at least $500.00 for your trouble in lieu of litigation. Make whatever deal you want as you got them by the go-nads.
Follow Ups:
Post a Followup
|
