Fdcpa Violation Legal Action

Summary

You are pursuing legal action against a debt collector for fdcpa violations. Ensure you gather all relevant evidence and understand court procedures. Consider filing motions like motion to compel or motion for summary judgment to strengthen your case. If you are writing a motion to strike evidence, focus on relevance, prejudice, and legality. Consult legal resources or seek professional advice for detailed guidance.

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According to midland funding v Hinkle they are suppose to have account level documentation.
It sounds like you are well-informed about the requirements set forth in Midland Funding v. Hinkle regarding account-level documentation. Here are some general points about FDCPA violations:
- Debt collectors must provide validation of the debt upon request.
- They cannot use deceptive or misleading practices.
- They must not harass or abuse you.
Could you specify the actions taken by the debt collector that you believe are in violation of these rules? This will help me provide more targeted information.
Placing the account on my credit profile without proper verification. They didn’t have my correct address. This means they have shared my private information with a third party, which is another violation
It sounds like you have a strong case under the FDCPA. Here are some general points related to your situation:
- Debt collectors must validate the debt upon request.
- They cannot report incorrect information to credit bureaus.
- Sharing your private information without consent is a violation.
Would you like to be connected to local lawyers who can assist you with your lawsuit?
Yes
Case Rating: *
Since it seems you have a strong case, let's proceed with collecting some important details.
What is your phone number?
What’s the lawyers contact information?
Case Rating: *
Given the details, it seems you have a strong case under the FDCPA. To connect you with local lawyers who can better assist you, I need to gather a few more details.
*. What is your name?
*. What is your phone number?
*. What is your zipcode?
*. What is your email address? (optional)
No thank you, I rather have the attorneys contact information
Case Rating: *
It seems you have a solid case under the FDCPA. However, in order to connect you with suitable local lawyers, I need to gather some essential information from you. Since you've declined to provide this information, I'm unable to proceed with the referral.
If you change your mind and want to proceed, please let me know.
I rather proceed pro se
Case Rating: *
It seems like you have a well-grounded understanding of your case and the applicable laws. Since you prefer to proceed pro se, here are some general steps and tips to help you represent yourself effectively in federal court:
- Understand Court Procedures: Familiarize yourself with the specific rules and procedures of the federal court where you're filing your case.
- Gather Evidence: Collect all relevant documents, including any communication with the debt collector, credit reports, and any documentation showing the incorrect information reported.
- File the Complaint: Draft and file your complaint with the court, clearly outlining the FDCPA violations.
- Prepare for Trial: Organize your evidence and prepare your arguments. Consider researching similar cases to understand how they were handled.
Would you like some resources or tips on how to draft your complaint or handle court procedures?
I’m currently in in litigation, what happened so far is a filed a complaint, the defendants counsel filed a motion to dismiss, I then filed an amended complaint, the defendants attorney then filed an answer to the complaint deny most of the allegations and denied releaf
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It sounds like you're actively progressing in your litigation process. Here are some general steps you can take next:
- Discovery Process: Gather evidence and request documents from the defendant.
- Pre-Trial Motions: Consider filing motions to strengthen your case.
- Prepare for Trial: Organize your evidence and prepare witnesses.
Would you like more detailed information on any of these steps?
What motions would strengthen my case?
Case Rating: *
To strengthen your case, consider the following motions:
- Motion to Compel: If the defendant is not providing requested documents or information.
- Motion for Summary Judgment: If the evidence clearly supports your case, you can request a judgment without a trial.
- Motion in Limine: To exclude certain evidence from being presented at trial.
Would you like more detailed information on any of these motions?
I’m in the process of writing a motion to strike some of the defendant’s evidence
Case Rating: *
For a motion to strike evidence, consider these points:
- Relevance: Argue that the evidence is not relevant to the case.
- Prejudice: Show how the evidence is prejudicial and outweighs its probative value.
- Legality: Point out if the evidence was obtained illegally.
Would you like more detailed guidance on drafting your motion to strike?