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Me vs. Debt Collector


Mensan

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Last September I received a call from a debt collector demanding payment in full for a $1033 debt from 2000. After the call they sent the following letter (click for big):

 

http://www.perryjoshua.com/Exchange/CAsm.jpg

 

Today I received a check from them for $871.

 

Let me know if you would like to know more. :)

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i like how you blurred out the city part of your address, but not the zip code.

 

hopefully no one knows 43085 is worthington :)

 

oops i just let the cat out of the bag.

Yeah, now it'll be easy to find him!!1 :rolleyes:

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.....Did.... You.... Nag them into submission?

 

Actually, yes.

 

I let them break the law and recorded every time they did it; either by copying every document sent between us, or recording every phone conversation that we had. Once they had racked up several violations, I filed a complaint with the Attorney General of Ohio. My complaint demanded that the debt be wiped out (in writing) and confirmation that the debt not be sold or given to any other debt collection agency for collection. I also demanded statutory damages for violation of FDCPA. They gave me everything but the money, and stated in their letter that they denied any allegations of illegal tactics. I filed my lawsuit the same day I received that letter, seeking statutory damages under FDCPA.

 

Once I had filed my lawsuit I negotiated with their lawyer (If you file a suit in small claims court, a corporation MUST hire counsel; they are not allowed to represent themselves) for settlement. They attempted to settle for half of what my judgment would have been, but I negotiated 80%.

 

They hired their counsel the day before our trial. Had they not shown up I would have asked for a restraining order against the company (since they attempted to collect after cease and desist, and also after their letter stating they would not attempt to collect), and I also would have sued the company that issues their bond allowing them to be licensed to collect. I would also enforce my judgment with a garnishment of their wages.

 

I did not hire an attorney. I handled this entire case Pro Se.

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I am also interested in knowing what FDCPA laws they broke. Most of the time the fines and violations that a collection agency gets for someone breaking the FDCPA does not go to the debtor, but to the government. My wife has worked in collections for over 6 years now.

 

But hey, way to go sticking it to the man and going after them for breaking the laws they are trained to follow.

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i like how you blurred out the city you live in, but left the last 4 digits of your SS #

Accurint will give me the first five digits. I think I will go shopping next week.

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if he sent a cease and desist, and they continued to contact him, thats a direct violation of the FDCPA.

 

i had a guy i worked with sent a company a C&D over a 4k bill or so, kept the receipt from the fax, they tried to contact him again, he showed them a copy of the fax with the date, and let them know if it wasn't wiped out, he was going to sue them...it was gone shortly after

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