how do I prepare case and evidence so judge understands

[tjkmf]

i have tried every avenue availabe to remedy my situation outside of the courts. BBB, consumer affairs, attorney generals office, all of which, accomplished nothing. My complaint involves a collection agency and their violation of my rights under FDCRA and FDCPA. To name just a few of the violations against me, all of which I have the documents to prove. I was notified of collection acct. after it was placed with Credit reporting agencies [CRA's}
Collection agency did not refer acct. to original creditor when contacted by CRA's for validation, instead verified name and address, than reported back that acct. info was accurate. Acct. balance with CRA's is inaccurate, yet collection states that all account info has been updated, when it has not. Deliquency date listed with CRA's , is the same date that contract was entered into, at which time I prepaid 3 months service. Contract was entered into in June, collection account was placed with CRA's in October. Original creditor did not notify me that account was deliquent and being turned over to collections. My acct was turned over and placed with CRA's, before i was even aware that acct. was past due. I had made a payment in August, but for some reason it didn't clear my bank until march. i don't know where to begin, when filling out my small claims complaint form. or how I go about preparing my evidence, so that a court understands what codes have been violated. It's all very frustrating.

 

[JETX]

First off, you can't do what you are trying. Your local small claims court has no jurisdiction over federal laws and you haven't been damaged monetarily, which also precludes this non-money issue from jurisdiction.

Second, after reading your list of 'violations', I don't see any real violation of any rules or regulations. Though it appears that there are some discrepancies in dates and amounts, between the credit agent and debt collector, there is no statutory obligation that they be in agreement. Also, you seem to be getting confused about the two issues (Collection Agent and CRA's). They are different and have different tasks.

Here is a list of your claimed 'Violations' (I believe) and a response to each.
1) I was notified of collection acct. after it was placed with Credit reporting agencies [CRA's}
This is normal. The creditor is under no obligation to advise you prior to notice to CRA.

2) Collection agency did not refer acct. to original creditor when contacted by CRA's for validation, instead verified name and address, than reported back that acct.
info was accurate.
The collection agency has no obligation of verification. This is only required of the CRA's. And the CRA only verifies with the reporting creditor, in this case, the collection agent.

3) Acct. balance with CRA's is inaccurate, yet collection states that all account info has been updated, when it has not.
If you feel it is inaccurate, it is up to you to show the inaccuracy, not the CRA's.

4) Deliquency date listed with CRA's , is the same date that contract was entered into, at which time I prepaid 3 months service.
I don't believe the date has any material impact on the validity or accuracy of the records. However, if you have documents to support your position, send them in.

5) Contract was entered into in June, collection account was placed with CRA's in October.
See response to #4 above.

6) Original creditor did not notify me that account was deliquent and being turned over to collections.
Not required. Once the account is in default, the creditor can proceed without permission or notice.

7) My acct was turned over and placed with CRA's, before i was even aware that acct. was past due.
See response to #6.

8) I had made a payment in August, but for some reason it didn't clear my bank until march.
Again, not a problem as long as payment was credited. Also, I would make sure that interest was not accruing for the time between payment being made and posted to account.

Suggestions:
1) Go to the FTC website ( http://www.ftc.gov ) and read the FCRA (Fair Credit Reporting Act) and the FDCPA (Fair Debt Collections Practices Act).
2) While at the FTC site, if you feel that there is a violation, file an online complaint.
3) Also, another good site is: http://www.budhibbs.com