Sunday, November 15, 2009

Filing A Lawsuit In Small Claims Court Against A Collection Agency And The Credit Bureaus

It may not be sufficient to a lawsuit against the collection agency file, this can be done also to the credit bureaus as well, if not mandatory for a satisfactory method of checking or not perform an adequate investigation.

Follow these steps:

1. File into a process to small claims court against the collection agency on the basis of violating the FDCPA.

2. Have the papers served to the collection agency. (Here you will find a paper server on the Internet forabout $ 25).

3. In the meantime, in a parallel effort with the lawsuit against the collection agency:

4. If the collection comes back as "verified" from the credit bureaus, you now have further evidence of the collection activities of the collection agency. (It is assumed that the Credit Bureau Collection Agency, were contacted to verify the debt.) Since the collection agency is unable to verify the debt, further collection activity, a violation of the FDCPA.

5. Contact theCredit bureaus and tell them that the creditors do not verify the debts under the FDCPA, and send copies of your proof. Ask the method of examination, the right under the FCRA. It is critical turn for the credit bureaus before filing a lawsuit. Make sure that the collection agencies do not respond to your request for debt validation.

6. They can tell you that the request must come from the creditor. That is nonsense. If they do not giveadequate information about how it has reviewed the claims and the collection agency, unless you can close it, there was no proper investigation carried out. It balances on the edge of "willful infringement" under the FCRA. Tell them so.

7. Either file a suit in small claims, state or federal court. The basis of the process should be that the agencies could provide no satisfactory method for checking, or not carry out adequateInvestigation.

8. Were served the papers. (You can paper-) find servers on the Internet for about $ 25.

9. Notify the offices, they sued them. You can use this letter. The credit bureaus will call creditors and find out that there is a question of whether the claim is legitimate. You should remove them immediately. If you want more legal certainty of ammunition, you might also try to look similar cases to cite. We have a list of online resources here.

I hope these tips haveShe encouraged. Remember, the law on your side, good luck on pursuing financial freedom!



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