court question

[dd1980]

 I have sent numerous letters to AFNI for an old Cingular phone bill that I do not owe.They have not responded so I called them and they told me that they have not received the letters.  I have sent the letters certified mail and have kept my return receipts.  I know that they are in violation so I am thinking of going to small claims court.  I live in Louisiana and was told by the lady at the court house that small claims court was for monetary losses only.  I cannot show that I suffered a monetary loss from having the collection acct on my record.  THis collection acct is keeping me from getting a HUGE promotion with my current employer.  Any help would be greatly appreciated. 

[Anonymous]

Promotion = $$$ so why no small claims court?

[Anonymous]

send copies of all letters along with copies of CM #s and RRR  to the CRAs  and tell them that it can not be verified  for the to DELETE.

wait for PRO  to tell you  im just guessing

I believe that you can sue in federal court also

Message Edited by HappyDays on 08-07-2007 09:08 PM

[Anonymous]

If you choose federal court instead I would get a lawyer 1st. Try going here to find one in your area willing to help:

http://www.naca.net/find-consumer-protection-attorneys/Default.aspx

[dd1980]

I was thinking about the promotion as being a monetary loss but the amount of money we are talking about would kick it out of small claims and into state court.  My other idea was to show the court that I bought a 4 wheeler 7 months ago and received a higher interest rate because of open collection on my report.  I can  show the better interest rates at the time of the purchase as costing me a specific monetary loss.  I spoke with an attorney that advised me that AFNI would probably not respond for $429 and if I could receive a default judgement from the judge if I can prove my case.  The actual amout Cingular says I owe them is $125. 

[Anonymous]

That's interesting. I wonder if that would mean you could subsequently sue to force removal and they would be barred from saying it was valid since it had already been adjudicated? Did your lawyer discuss how you'd get it removed or just how to collect $400 +?

Message Edited by rhinocl on 08-08-2007 06:28 AM

[Anonymous]

I haven't had to litigate anything yet but I have a feeling to get some things removed I might. Luckily for me there are 2 lawyers in my area with exp in this sort of thing.

BTW, it's $1000 per violation not 400

[Anonymous]

dd1980 - read my older post regarding has anyone ever sued a collection agency (afni).  I just sent everything off next week but maybe follow the steps I've taken - complain to IL AG's office, better business bureau, ftc and the IL licensing agency (can't remember the name but it is in my previous post).  If you look up afni on the web they have TONS and TONS of complaints against them - something really needs to be done.  If I hear something I let you know.  Incidentally, I used to live in Louisiana - New Orleans until the hurricane.

[Anonymous]

Also - another suggestion I have is possibly filing for a preliminary injunction against AFNI until you can have a hearing for a permanent injunction barring them from reporting anything to the credit bureaus.  That way you could send the order to the credit reporting agencies and if AFNI violates a court order, they'd be in some serious trouble.