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Has anyone ever sued a debt collection agency for harassment?

  
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Has anyone ever sued a debt collection agency for harassment?

Postby regenweald » Mon Apr 11, 2011 7:10 pm

6 months ago I started getting phone calls, letters and even text messages from a law firm Sherman Acquisitions. I was a for a credit card debt from 11 years ago, Original balance was 3k now they want 7k. They threaten to take this to court where we will win a judgment against you then we will seize assets, garnish you and your husbands wages, with court cost and every thing this judgment will be well over 15k. I received 3 letters from them with this and about 6 voice mails that stated this threat. Then my parents started to get this calls and they left 2 voice mails like that. they would call non stop. My father went to our family attorney with this. I had to bring in credit reports ect. with all of the messages and letters. I had a credit report showing it was charged off in 1998. It is not on any of my current reports now. I got sick during that time period that's why i defaulted. Our family attorney told us he will get them to stop contacting you, he also told us he would like to send this two a attorney that he knows that works with consumer rights, he see violations here.
Ok two months ago I went to see this consumer rights attorney he said with all of these letters, voice mails, calls we have a strong case against them. Attorney mentioned after we are finished they will be sued for 15k. Last week I got a call in to my Attorneys firm to sign the law suit. I dont have to pay anything unless I win, there for I pay them 33% out of my settlement. They are suing them for 17 violations in federal court. The stack of paperwork was like 50 pages all with tape recorded messages too. My attorney tells me he doubts I will have to appear in court "I dont really want too" most of this is done in settlement.
My question is have you or anyone else ever sued a collection agency?
I want to donate at least half of my winnings "if I win" to a orginization that helps consumers fight harassment from companies like that any suggestions?
I would like to see all of these junk debt buyers go down IMHO. A person suffered tarnished credit for 7 years.
regenweald
 
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Has anyone ever sued a debt collection agency for harassment?

Postby jasper » Mon Apr 11, 2011 7:13 pm

Yes this is more common then you think of folks suing these parasites. But there are many more that fall victim to there threats and give in. If you paid them the 7k they would have made at least 6k in profit even as its past the Statue of Limitations. With this credit crunch, unemployment ect this is going to be a bigger problem. I could see you with a check of about 5k in your hands. If your attorney is hitting them with 17 violations this is 1k a piece could be 17k but this will be negotiated down. I would start you own Non-profit having a good consumer rights attorney a phone call away is a plus two. Talk to your attorney about this.
jasper
 
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Has anyone ever sued a debt collection agency for harassment?

Postby aviya » Mon Apr 11, 2011 7:21 pm

Yes this is more common then you think of folks suing these parasites. But there are many more that fall victim to there threats and give in. If you paid them the 7k they would have made at least 6k in profit even as its past the Statue of Limitations. With this credit crunch, unemployment ect this is going to be a bigger problem. I could see you with a check of about 5k in your hands. If your attorney is hitting them with 17 violations this is 1k a piece could be 17k but this will be negotiated down. I would start you own Non-profit having a good consumer rights attorney a phone call away is a plus two. Talk to your attorney about this.
Sherman Acquisitions has been sued several times and sleazy debt collection agencies like this pay out millions in settlements every year.

To my knowledge there is no non-profit charity that helps people to fight collection agencies. The nearest equivalent would be to make a donation to the free legal aide society in your area if you win your case.
aviya
 
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Has anyone ever sued a debt collection agency for harassment?

Postby ear » Mon Apr 11, 2011 7:36 pm

You're the man! Down with these scumbags! If you're looking for someone to donate the money, GIVE ME A CALL!!! I'll take it....just kidding.

Good Luck!
ear
 
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Has anyone ever sued a debt collection agency for harassment?

Postby byron92 » Mon Apr 11, 2011 7:41 pm

You're the man! Down with these scumbags! If you're looking for someone to donate the money, GIVE ME A CALL!!! I'll take it....just kidding.

Good Luck!
there is an interesting article on budhibbs.com about a class action suit against midland credit management. it might cost them as much as 30 million. they will also not be allowed collection efforts in the state of maryland.
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