I have settled two more lawsuits since my last post. One was my court case related to the FCRA and FDCPA. The other was not a case I filed, I just worked out a settlement before I had the pleasure to file.
The second issue is the first time I have settled without filing.
More to follow.
Fight the Good Fight, Boiler
I’ve been fighting a 3rd party debit collector that has been trying to collect on a federal student loan. The alleged total owed is $30k with principal/interest and collections fees. 2 months ago I sent a letter for validation and a cease and desist from making calls to me; requesting all communication be done via USPS soley. Well 2 months have passed and I just recently recieved a letter stating they will garnish my wages within 30days of the posted date if i don’t setup a payment plan with them. But here’s the kicker and where I think I have a case to sue them and make so monies. They kept collections activities going on a debit that I requested validation and they have continued to call me in those two months to my place of employment/friends/family and myself even after told them not to. Also they are denying me my due process right by stating they don’t have to serve me since its federally back loan. I feel these are violations of FCPA, TCPA, and constitutional right for trial. I called the 3rd party collector and when I told them all the violations they committed the agent immediately passed me to a manager and tried to get on my good side by stating they could set me up with a payment plan as low as $5 dollars a month so I would be in good standing. Now I don’t know much, but what I do know is that collectors try and get as much monies out of you as they can not try and get you to pay the least amount owed. So I believe they know what I told them is true and correct. Just don’t know how to go about plotting my agreements and case so I can sue them and win. Please help me if you can Sir. Thank you for your time.
Sara,
This is my opinion….
Since you sent the collector a cease and desist, they clearly did not have your permission to call, Did they call your cell? If so, that is likely a TCPA violation. You would need to verify additional elements to go down this route such as the use of automated equipment, etc.
The continued collections is likely a violation of ยง 1692 c : After written notification that consumer refuses to pay debt, or that consumer demands
collector to cease communication.
I think you could build in a few more violations, but I think you get my point.
Lastly, don’t pay the $5. Think about it…. isn’t that admitting that is your account if you voluntarily paid on it? Also, paying $5 serves no other purpose than to help them prove it was your debt. If you paid $5 per month it doesn’t even cover the interest. You will owe them more and more every month.
In my opinion, your immediate task is to collect the relevant information and file a federal lawsuit. I would be glad to help you.
My strategy would be to have the debt they claim be less than the damages you are seeking in damages. That is a tall order and likely can only be done if there are significant TCPA violations.
Another issue you need to consider is the possibility that they have a judgement against you in a local court. That usually proceeds garnishment. So you need to research that at your county court. If they have a judgement against you, you may fall into the Res Judicata type issue. See: http://notlegaladvice.org/res-judicata-creditrage-uncut-15/
Let me know if you have further questions or would like to talk this trough on the phone.
Fight the Essential Fight, Boiler
Please call me as soon as you can!! I’d like to discuss this matter over the phone. Thank you: ***-***-****