From the page: "Expert: Creditwrench
Subject: Suing for FDCPA violations
Question
How do I go about filing a lawsuit for violations of the Fair Debt Collections Practices Act. A debt collector has violated the law after several cease and desist letters. I would like to file suit pro per if I receive one more letter. What steps should I take, and is there a specific form for this? I have already reported to the FTC and the California Attorney General (but there is a conflict of interest, so the Atty. Gen. can't help). Thanks for any help you can give me.
Answer
You would either have to get someone who knows how to do that to teach you or study both the Federal Rules of Procedure and the local federal court's rules of procedure or as a last resort hire an attorney to do it for you. I learned how to do it all by myself then used it to defeat a federal case against me for $1,040,000 in El Paso Federal District Court as well as do a few other things in federal court. If you would like to learn how to do it without a lawyer call me at 405-616-7901 or visit my web site at creditwrench.com[creditwrench.com]
From the page: "the Illinois statute of limitations is 5 years on a credit card debt according to Bankrate.com. In order for them to have a claim upon which the court can grant relief you would have had to make your last payment after September of 2002. You say you demanded validation? Did you do that in writing by certified mail return receipt requested? You don't have to do it in writing but it sure does help prove that you did dispute if you send your dispute by certified mail return receipt requested and can prove it by the green card you got back. In any case I would file motion for more definitive statements immediately then follow that up with demands for interrogatories based on their answers to your demand for more definitive statements, then demand for admissions and production of documents and finally a motion to dismiss. Then if the court dismisses the case I would follow that up with a federal lawsuit for misrepresenting the legal status of the debt. I can't advise you what to do of course because I'm not a debt collection lawyer and I'd be ashamed to admit it if I were but that is what I would do. They are also providing you with false and misleading information so that would become my second cause of action in federal court. I'm sure there are more violations that I could find in the complaint if I were to look it over. These are some of the things that I think should be done by everyone who ever gets a summons on a debt and even more importantly when the debt is out of statute for the state they live in. Debt collectors should never be allowed to get a default judgment. If they are going to get a judgment then I believe that everyone should at least make them work for it. Don't give up without a fight because if you don't file a response the only way you could defeat the judgment is to file a federal case on them for their misrepresentations and other violations of federal law. I'll be happy to look your complaint over without any charge or obligation. You can fax it to me or scan it in and e-mail it to me or send it by U.S. Mail. You can reach me at ceo@creditwrench.com or by phone at 405-616-7901 "
Question
I can't find on this sight where you talk about the procedure to follow once one gets served. Like I read "definitive statements" in the answer to the summons."
I like them
May 10, 11:42am
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