Example of FDCPA and FCRA lawsuit – It's just paprwork!

I wanted to post an example lawsuit. Cooper vs. Client Services, INC

We strive not to file lawsuits, but sometimes it becomes necessary to fight for your rights. Unfortunately, most collection agencies will not listen to you until you file a federal lawsuit. Filing a lawsuit is pretty easy. Writing a lawsuit is pretty easy too.

This whole process is just paperwork. If you screw up your paperwork, it is almost always something you can fix.

Please see the attached lawsuit. You should look at it and understand almost everything that is stated. You will need to read a few of these and then they will all be pretty similar.

Also, notice the Texas state law used in the complaint. If you are not in Texas look up your similar laws for your state. Do a Google search for “Utah FDCPA” for example.

You can file a lawsuit and win. It will take a bit of study and some help. I am here for you. I will help you then watch you win.

Fight the good fight, Boiler.

 

21 comments
  1. First of all thank you. I had no idea that filing a lawsuit was that easy, and by easy I mean there is some where work involved but you don;t have to have law degree to do it. Great stuff. Thanks

  2. Alan,
    Filing a lawsuit is easy the second time. The first time is a bit nerve racking as you are new to this. The first time is out of your comfort zone.
    The second lawsuit you file is fun. You will have sucess with your first suit, then the second one will be fun to file and not too bad on the nerves.
    If you study and practice a proven methodology, you will enjoy combating the debt collectors and winning.
    Please ask questions and let me know what I can do to help!
    Boiler

  3. Jamie,
    Let me know if there is anything I can do to help you file.
    I am willing to proofread, talk on the phone… etc.
    I have filed three complaints and am undefeated so far. I have two more ready to go. I will file a suit against a collection agency next Tuesday. I plan on being 4-0 or 5-0 by the end of the summer.
    Thanks for commenting. Your comments and the collector’s money keep me going!
    Boiler

  4. I am with Jamie this is fantastic news and wow so easy. I am going to make sure to take you up on this, I have a dear friend is in need of this badly and will be so relieved to get this info.

  5. Trent,

    The FDCPA and FCRA are easy lawsuits to file the second time. The first time is a bit unnerving!

    I will be glad to assist you.

    Let me know if I can help you.

    Fight the good fight…
    Boiler

  6. As one of those who has had to file a lawsuit against the FDCPA I can tell you it’s hard at first but afterword when you see the fruits of your labor there’s no better feeling. I recommend all to take that first step because the next time is so much easier.

  7. Good stuff!

    I have several old collections now showing a recent date of last activity, without me working out a payment agreement with the collector. Isn’t this somehow illegal and, if so, what can I do?

    Thanks,
    Ron

    • Ron,

      I am going to make a couple of assumptions when I answer this. I assume you have an old account on one of your credit reports and the date of last activity is not correct. If I missed something or misunderstood, let me know.

      The reporting of inaccurate information is not going to be helpful to you until you dispute the information with the Credit Reporting Agency (CRA). When you dispute the information, demand that these records be removed as they are inaccurate. They must do this as defined in the FCRA – 15 U.S.C. 1681i(a) Then wait for the CRA’s reply.

      If the CRA deleted the records, move on. If they claim they verified the information, dispute with the alleged creditor. If the creditor claims to verify the information, sue them. I don’t believe it will not be difficult to beat them in court and get some settlement money as well.

      If you need help with any of this or just want to talk through it, let me know.

      Thanks! Boiler

  8. Thank you for your response. Yes, these are old accounts now in collection with recent dates of last activity. What court would you recommend suing in?

    Regards,
    Ron

    • Ron,

      You will want to be in Federal court.

      The local and state courts are unpredictable. Read into that statement what you will…

      Filing a federal lawsuit isn’t difficult. It is intimidating the first time.

      I would really like to help you to file a suit and to win. I just got a check this week for a little less than $2000 from a settlement. I filed the suit and their lawyer wanted to settle almost immediately. I will make a podcast about the suit tonight if I can. I have a three year old daughter and some times my plans to spend time on the computer don’t work out the way I planned.

      I will send you an email tonight. If you would like my ideas on this let me know by replying.

      Thanks, Boiler.

  9. I have done all the research on my servicer, who is a debt collector , who bought or????? the loan after 4-5 month of default of another servicer who was also a debt collector. Need to have examples or help on how to start it

    • Hanneke,
      I believe you are asking me for an example of a FDCPA complaint.
      There is a link in the first sentence of this blog post:
      “I wanted to post an example lawsuit. Cooper vs. Client Services, INC”
      The last part is a link to an example.
      If I misunderstood what you are looking for, please email me: boiler@notlegaladvice.org

  10. How do you file a lawsuit with no money. I need to file one against the CRA and OC at the same time. The OC is reporting an incorrect date – the account says three different things with each CRA, that’s somehow been verified every single time. I went to try to dispute with Experian again and they won’t let me. I need to file suit. I just sent off a 623 letter to the OC, but I want them to stay on their toes and a lawsuit would encourage that.

    • You can file In forma pauperis and will not pay court costs and wont pay to have the defendants served. The Federal Marshals will serve the defendants.

      Read your local rules on this. It is not difficult to do.

      Let me know if I can be of further assistance.

      Boiler

  11. Hey Boiler,

    I love this article and the pleading is was done in great fashion! Kudos! I have a bit of practice as a paralegal and filing court documents but I wanted a bit of advice on a few matters before I tried filing a pro se lawsuit.

    I finished out a “contract” with an agency for my probation. They told me I would need to pay the remainder of the fees before they would file my paperwork w/ the state to get it finalized. I did, paperwork was filed, The State informed me via mail that I was finished. Then, I was checking my credit report just before filing for a car loan and find out that they sent me to collections for $50, dropping my credit score 50 points in the process. This happened in January ’14. I have since called them multiple times to inquire why they claim I owe them money. I have several issues b/c they never once tried getting in touch w/ me about the alleged debt, and when I call them no one is able to answer what it’s for. I filed a dispute w/ Transunion as I felt it was necessary to show i was working in “good faith” with them. I have since moved states, from CO to KS, and I still cannot get an answer from these people. I was going to wait until the 30 day mark of my dispute to file. Any suggestions are GREATLY appreciated!

    • Joseph,

      I dont give advice, I will just tell you what I would do…

      Did you dispute the collections account with the credit reporting agency (CRA)? You need to send a dispute to TransUnion, Experian, and/or Equifax. Whichever of these CRAs has the account listed, needs a letter from you.

      The letter needs to state that this is not your account or that there is another error. It needs to be sent certified and you need to keep a copy.

      If you need help, feel free to email me: boiler@notlegaladvice.org

    • If you do not get an email from me tonight, let me know your phone number and I will call you.

      AOL doesnt like my email. I get through to their customers about 50% of the time.

      Thanks, Boiler

      • AOL is blocking my email. If you post your phone number, I will call you and not publish the post.

        Here is their message:

        *** ATTENTION ***

        Your e-mail is being returned to you because there was a problem with its delivery. The reason your mail is being returned to you is listed in the section labeled: “—– The delivery status notification errors —–“.

        The line beginning with “Diagnostic-Code:” describes the specific reason your e-mail could not be delivered. The following lines contains the
        RFC822 header of the original email message.

        Please direct further questions regarding this message to your e-mail administrator.

        –AOL Postmaster

        —– The delivery status notification errors —–

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