Question:
How do I sue a Colorado collection agency from California?
This Financial Enterprise, Inc. of Denver, Colorado has been harrassing me
to try to collect money from me. I am not this person in debt, but we have
the same name (different initial, different birthday and different Social
Security Number).
Thank you for your advise and help.
Answer:
There's a Coupla Good Ways to Procede...
First, check with your Local Library or [Courthouse?] Law Library on what
State Laws & Admin Regs require in the way of Licensing & Practices of Debt
Collection Agencies... IN State AND Out... and check on what those State
Laws & Regs provide for in the way of Civil Liability & Damages for
Violation of ANY PART of the aforementioned... (You may have a Cause of
Action for MORE than Simple Harassment/Knowing Misidentification)...
Then... you Almost Certainly have a Cause of Action in the Federal
Courts...
The Fair Debt Collection Practices Act explicity Encumbers Debt
Collectors with Civil Liabilty for their Acts in Violation of the FDCPA and
permits Jurisdiction in The Federal System ([ANY Federal Court]Federal
Question)...
Not sure if Your Complaint... that of Continued Harassment on Knowing
Misidentification of Alleged Debtor is *specifically* Covered therein...
that the FDCPRA provides a Remedy for the Acts you Complain Of...But I'll
bet it does... *Somewhere*... AND... you Don't Have To PROVE your case at
the outset... Get the Shitbags SERVED and let their EXPENSIVE Lawyers Fumble
& Moan Raising Objections & Defenses...