How does one go about coming up with the correct dollar amount of a countersuit against a debt collector? Apparently the FDCPA states one can file a lawsuit for up to $500,000.00 in small claims. If one legitimately has a case how does one go about making sure the debt collector pays for the full amount of their violations if found guilty.

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Originally Posted by hipncash

how does one go about making sure the debt collector pays for the full amount of their violations if found guilty.

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Hello hip:

By hiring a very good lawyer.

excon

PS> The fact of the matter is, you're NEVER going to win a lawsuit against these people. The first and foremost reason is that you will need a LOT of cash up front - and I mean a LOT. This will be a FEDERAL lawsuit (NOT small claims), and it takes a very expensive attorney to fight it. Plus, the damages you cite are the maximum amount that can be awarded. YOUR damages will based upon the exact amount of money that the collectors wrongful act cost you. How much would that be?? Nothing?? I thought so.

Believe me, I'm on your side. I hate collection agency scumbags too, but suing them is NOT the way to stop them.

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Originally Posted by hipncash

How does one go about coming up with the correct dollar amount of a countersuit against a debt collector? Apparently the FDCPA states one can file a lawsuit for up to $500,000.00 in small claims. If one legitimately has a case how does one go about making sure the debt collector pays for the full amount of their violations if found guilty.

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No Small Claims Court has a jurisdiction of $500,000 - this would be a Federal action. Keep in mind that the debt collector has Attorneys either on staff or retainer and you would have to hire one; difficult case to prove and/or win and very, very expensive.

I agree with excon and Judy. It will be very hard to show material damages.

By the way I read the letter. Frankly I think its too much legalese. They are going to think you got it off a website and don't really understand all of it. I think it should have been simpler, but it will do what you want.

Thank you again Scott. The letter you read states that they must provide documentation within 21 days. If this specific documentation is not provided by then on the 22nd day would it be appropriate to file a dismissal with prejudice? You are an awesome person my friend! : )

I have the original and only document that they sent me. It violates 5 aspects of the FDCPA in and of itself. I feel I have the documentation and ability to come to victory with this. I will keep all of you posted. Thank you all again for your advice. It is much appreciated.