Can Anyone Help?

[SINCITY89103]

What is the name of your state? NC

I want to take a collection agency to small claims court and sue them for violations under the FDCPA. I have a dispute with the apartment complex the CA is "allegedly" representing. How hard would it be for the CA to get a judgement against me if I take them to court? All they can provide is a copy of the lease I signed and a hand written paper showing how the apartment complex came to the total charges against me. They have not been able (in my understanding of the laws under the FDCPA) to properly validate the debt. They have also reported the debt as validated to the credit bureaus after I had written a dispute letter. Isn't it illegal to report a debt as validated when it is in dispute?

I never agreed to pay the CA nor does it state in the original lease I would be held liable to pay any third party "assigned" the debt. How can they legally come after this debt when they do not own the debt and I never agreed to pay them? I also want to dispute these charges with the original creditor, but first win in court against the CA. I heard it was hard for a CA to win when there's no direct contract between them and the original creditor, is this true?
Do I have a case?

 

[absconder]

Thats why we have courts and Judges and the likes of lawyers. Yes a legal debt can be assigned or sold to a collection agency.........Good Luck! .........you signed the lease and are obligated by its terms.

 

[SINCITY89103]

Absconder

Seriously, what is the problem with people on this forum not reading (or at least comprehending) the posts before replying? I realize a CA can purchase or be "assigned" the debt. The question is THEY DO NOT OWN THE DEBT, and in my original contract it does not state I would be held liable to any one "assigned" the debt. In other words, I never agreed to pay the CA, and they have not purchased the debt. So once again I pose the same question, should I win in small claims court?

Just to be clear, for a CA to legally collect for a creditor when "assigned" the debt it needs to be stipulated as so in a contract. Otherwise, how do I know that the CA actually represents the creditor? Would you just had your money over to John Doe because he says he is collecting for one of your debtors? Are you crazy?

 

[ENASNI]

Hey

Yo Sin Man
Have you tried posting this in The Bankruptcy and consumer Credit forum. There are a bunch of people who know a lot about Collection agencies there.

Its not in the top headers you have to go to the forum jump.. but hey you have been here long enough to know that...

I can see you are targetting in on the small claims question, but they will know about the assigning thing.

And don't bother about the first responder... someone absconded with his brain awhile back..
Good luck

I don't know nuttin about your problem or I would try to help.

 

[SINCITY89103]

Enasni

Are you fliritng with me?

 

[ENASNI]

I don't know, are you cute...

 

[SINCITY89103]

VERY

your in a good mood today....


-The SIN MAN

 

[ENASNI]

VERY

your in a good mood today....


-The SIN MAN

Consider yourself lucky boy... I have been charring up the boards... I see you know about the bank and comsum boards and have contributed... well...

I thought you would come back to my question of "Are you cute" with
" Is the Pope catholic..." Or at least " Is the Pope dead"
... but maybe it is a close subject to you?
I thought it was a great opening.
Whatever...
I don't flame you because you are articulate... I don't flame those in need because duh... But I do flame when.. my anti-beotch pills don't work up to expectation... If you Blame it on PMS and you are on my list.

And I can be nice, dangit scan my posts...

I hate my rep.... I am changing my name all because of the Sinman...

Stamping foot.. slamming door... grabbin tummy and having guffaw...

 

[SINCITY89103]

Wow, I don't know what to say. At a first, I'm at loss for words....[turning red now...]

I do not think your mean sweetie , that was decades ago...

 

[ENASNI]

um

Are you flirting Back with me? you are too young... sigh ... for me.. Hope your new post is gettin you some answers.. It does not look like the answers you wanted... But answers are good. The debtguy knows his stuff.. good luck!

I am wearing blue today. looks good on a thirty-something... too bad you are too young for me...