I know that some where there was a thread in here about a member who sues collection agencies for violating the fair debt collections act. I did a search, but couldn't find it. My ex husband is getting calls, ( at my home), from a collection agency trying to collect on a Capital One Debt that is 15 years old! (before he even met me!) . I have spoken with them etc, to no avail and now I want revenge! Has anyone done this before and if so, how to I go about it? I know that I have to file in small claims, but are there certain steps I have to do? If i win how do I guarantee that they actually pay me? Anyone have any experience with this? Once I file I will post up dates on here.
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posted: Feb. 1, 2013 @ 6:03p
Start with reading creditboards forums.
Have you disputed/validated with this specific collections agency?
After they failed to validate, did you keep records of each and every FCRA violation (call logs, copies of letters, etc)?
If they failed to validate, and you have records of FCRA violations, congratulations! Sue the collections agency for $1k / violation.
Collecting your judgement is another topic entirely.
posted: Feb. 1, 2013 @ 6:44p
You do understand there is nothing wrong with them trying to collect even if it is beyond the Statute of Limitations. If they post anything negative on one of your credit bureau reports then it is a completely different story. Also you need to notify them in writing not to contact you about this debt any more.
posted: Feb. 1, 2013 @ 7:26p
Posting it on his credit reports would be a FCRA violation, but not actionable unless it remains on his report after he disputes. Posting it on his credit reports might be an actionable FDCPA violation, using unconscionable means to collect.
Collection beyond statute of limitations to file suit is NOT an FDCPA violation, but collecting beyond a statute of repose might be. Only two states have statute of repose IIRC. I think Wisconsin is one of them.
Since it's out of statute, just send them a refusal to pay, and sue them if they do anything other than send him one letter describing what they're going to do about it.
EDIT: Just realized it's your ex husband. He can sue if they tell you (not his wife) about his debts, and you can sue if they keep calling you after you tell them to stop.
Duct Tape Rules
posted: Feb. 1, 2013 @ 8:03p
My parents have been getting calls trying to locate my ex husband, they just ignore them. Now my landlord has gotten a call (about 2 months ago). That really pissed me off. Seems the collection agency tied his name to my name/address and put it together with the phone number of my LL who owns the house I live in. How far reaching is that one!! I divorced my ex in 2000! After the call to the LL, I called them 3 times (each time they hung up) and read them the riot act about their violations of the FDCPA. On the last call I was finally able to get out if they call anyone in my family or my LL again, I will sue them for everything they have. No calls since then.
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