Step by step how to sue a collection agency
in small claims court
If you have decided to take action against a collection agency for
violating the FDCPA we have some tips for you. It's not easy but
it is very do-able and with a little education about the process
you can limit the risk of getting your case dismissed.
Do you have a case
First off you need to determine what they did and if it qualifies
for a law suit? If you were nothing more than inconvenienced a time
or two you may lose or the judge may dismiss the case altogether.
Suing a collection agency is meant to give you closure and perhaps
damages for a violation but too many consumers run into court and
only end up annoying everyone because their case is so flimsy. So
what is a good case? Just read some of the successful lawsuits filed
by the FTC against collection agencies.
They usually involve repeated phone calls at all
hours, threats, harassment or intimidation or obvious violations
such as refusing to validate the debt at your request yet continuing
to try and collect. Those are all good reasons to take action. It's
also important to show what you did before you took that final step
and filed your lawsuit. Keeping good records and receipts is paramount
to building a good case.
Building the case
Prior to filing your lawsuit you should have asked the collection
agency to stop whatever it was they were doing. For example if you
told them to stop calling you and they refuse then you need to follow
up with a letter to the collection agency certified mail- return
receipt requested putting your demand in writing. Then if the agency
refuses to stop you have proof that a letter was sent and received
by them and yet they continued. Just claiming you told them by phone
doesn't preserve your rights.
If you have witnesses to the harassment then take
notarized statements from them to back up your case. If you sent
them a validation of debt request certified mail but they never
responded then you have the certified receipt with the person's
signature to prove you asked. These paper trails can be the difference
between winning and losing so document everything. No matter how
many letters, faxes, emails or phone calls you made, take time to
include copies of your phone bills, emails or fax confirmations
so that you can quickly show the judge the agency's neglect.
Serving the Collection Agency Where do you sue? How much can I get? What if I want to sue them in federal court
What if I want to sue them in state court Can I go Pro Se
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