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    Fighting_the_Deb's Avatar
    Fighting_the_Deb Posts: 24, Reputation: 2
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    #1

    Aug 13, 2007, 08:55 PM
    How do I sue a collection agency for violations of FDCPA?
    Here's my situation in a nutshell: I am being sued by a CA through a local lawyer for a debt that I do owe. I have sought validation of the debt through the CA and also from the lawyer that they had contact me, as well as several other lawyers that they had contact me in the last year. All inquiries have been completely ignored. They also failed to show my inquiry on my credit report. I made an inquiry through one of the credit reporting agencies and of course it was useless and only seemed to act as "activity on my account" and therefore extending the statute of limitations, or the "date of removal".

    I have a pretrial on Sept 6. I've spoken with a lawyer and he said that I do have grounds to file a lawsuit against them (based on violations of the FDCPA) and possibly the CRA. When he realized I wasn't sure that I would actually hire him and may do it myself he, understandably, clammed up. So, now I'm looking to do it myself and don't know where to start.

    For those that would criticize me for not owning up to my debt and paying it: That is not what I am doing. I have been contacted about this account numerous times by many different companies. I don't want to get scammed and end up paying it more than once because I paid the wrong people. I need proof that I am paying the debt to the right people. When I see that they are breaking the law when I am only trying to be an informed consumer, it makes me really mad. :mad: If I can be one person to stand up to them and make them pay for the way that they treat consumers, then I am more than willing to do whatever I can to see that happen.

    Thanks for any advice.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #2

    Aug 14, 2007, 04:42 AM
    You can cross file against their claim in this case for damages done to you.
    Fighting_the_Deb's Avatar
    Fighting_the_Deb Posts: 24, Reputation: 2
    New Member
     
    #3

    Aug 14, 2007, 12:40 PM
    Is it wise to do this before my trial coming up or does it matter? Do I just need to go to the courthouse and tell them "I need to counter-sue these people."? I know the way my summons was set up and could copy that, but is that the way I want to do it? Am I sending them a summons or what? That is what confuses me.

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