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Need help with suing collection agency & carpet cleaning

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PaulRed
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Subject: Need help with suing collection agency & carpet cleaning
 
Posted on Mon Jan 18, 2010 3:01 am  

Need help with suing collection agency &

Here is the quick history – back in 2007,
- I used a small carpet cleaning (Peach Professional Cleaning) company for cleaning carpet.
- She did a terrible job and we agreed she gets paid for half the task (as I got another company to complete the task)
- I gave her my credit card over the phone and she intentionally ran my for the full amount twice.
- She in the meanwhile also placed a collection agency for the same payment
- The collection agency contacted me. I sent them a cease and desist letter and also showed them the proof that she had charged me twice for the same service and did receive the payment.
- I never heard back from collection agency and I did not have time to pursue with the cleaning lady.

Now, after three years – in 2010,
- The same collection agency has placed a report on my credit rating without validating the debt for $277.
- My credit rating slipped from 800 to 660 with this mere collection report.
- I called the collection agency and they indicated I had not paid in full
- I asked them to send me the proof for the same and they have not bothered to fax me. It is always a 45 minutes wait before they transfer to several agents. They are very rude.
- The cleaning company does not appear exist anymore. She was doing the business with her SSN as DBA.

I am in the process of re-financing and this credit rating is lost me several good bank loans. I am now stuck with paying high interest rate just because of this.

I am planning on,
- Suing Peach Professional Cleaning & the collections agency.
- Place a charge against both of the them in the small claims court
- This loan over the years would easily cost me 100k.
- So, just so she & the collection agency do not go about trying this with others, I will sue them for 100k and to remove my name off the credit report.
- If I win, I will donate that 100k for a cancer society. I will write it in the legal papers while at the court.
- She/ Peach Professional Cleaning already has several legal complaints against her.

Please let me know what you think. I am a hard working, honest individual and just frustrated when someone like this takes advantage for a mere amount of $277.

Thanks
Paul
carol

carol

Joined: 27 Jun 2006
carol's page
Posts: 1299
Location: Los Angeles, California


30065 Magic Points

 
Posted on Mon Jan 18, 2010 11:42 am  

Hi PaulRed

I understand what you must be going through and completely sympathize with you. I know these weird debts and collection agencies can be a real problem. You definitely have a case against the cleaning company. But before you go ahead with any thing, I hope you have the required paper works.

In the meanwhile you could dispute the debt with the bureaus showing them proof of payment on that account that is being displayed. I would also like to know, that 3 years back when the CA was pursuing you for the debt, was it not reported back then? If yes, then why didn't you dispute it then? What state are you in and what is the SOL in your state? You must also check the SOL to make your case stronger (if it helps).
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Carol
Paul Red
Guest






Subject: Next step?
 
Posted on Mon Jan 18, 2010 3:07 pm  

Thanks Carol for your quick response.


Answering your questions,
-I have all the invoices and the paid statements. It has her hand written note & numbers and my signatures on them.
- CA(Rickenbacker) did not report to credit bureaus at that time in 2007. It is only now in 2010, this month they have reported it. I would have disputed it immediately if it was reported then. For some reason, they waited for 2.5 years.

Georgia Statutes of Limitation
- Breach of any contract for sale: 4 years, (OCGA 11-2- 725) NOTE: Parties may reduce limitation to not less than one year, but not extend it. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.
- Contract, including breach of warranty or indemnity: 4 years, (OCGA 11- 22A-506) NOTE: The parties may reduce the period to one year.
- Written contract: 6 years from when it becomes due and payable and the six (6) year period runs from the date of last payment. (OCGA 9-3-24)
- Open account; implied promise or undertaking: 4 years, (OCGA 9-3-25). NOTE: Payment, unaccompanied by a writing acknowledging the debt, does not stopped the statute. Therefore, the statutory period runs from the date of default, not the date of last payment.
- Bonds or other instruments under seal, 20 years, (OCGA 9-3-23) NOTE: No instrument is considered under seal unless it’s stated in the body of the instrument.

From the Georgia SOL, their charge is within the 4 year window.

Please let me know what is the best way to proceed?

Thanks,
Paul
debranewell2008



Joined: 10 Oct 2009
debranewell2008's page
Posts: 591



109 Magic Points

 
Posted on Mon Jan 18, 2010 4:49 pm  

I believe I would go ahead and contact an attorney. It looks like you have shown them proof and ask for debt validation already so that's what I would suggest.
Sharon
Guest






Subject: suing the collection agency
 
Posted on Fri Jan 22, 2010 12:02 pm  

Hi Paulred,

Before filing a lawsuit against the collection agency first read the successful cases filed against various collection agencies by the FTC. You should do this to check the importance and strength of your case.

Prior to filing the lawsuit you must write a cease and desist letter to the collection agency. Moreover to strengthen your case, try to collect notarized statements from those who witnessed your harassment. In addition to this ready the required paper works.

Hope this will help you to sail through your problem.

Thanks.
Wink
Therhino
Guest






Subject: PAUL RED contact me...
 
Posted on Thu Apr 08, 2010 2:09 am  

i have the same issue with the company your having as well...

feel free to contact me at:

therhino11@Yahoo.com
goodnatured



Joined: 03 Nov 2007
goodnatured's page
Posts: 3931



538 Magic Points

 
Posted on Thu Apr 08, 2010 2:17 am  

Sounds like you have a good plan, however I don't think putting that you will donate to the american cancer society will help your cause in court.

I wish you luck with your situation, keep us updated please. Looks like you got some great advice here.
Aaron

Aaron

Joined: 08 Feb 2010
Aaron's page
Posts: 2632



48565 Magic Points

Subject: share advice
 
Posted on Thu Apr 08, 2010 6:02 am  

Hi Therhino,

It seems that you have knowledge about handling collection agency and all. You can feel free to share your knowledge here in the forum. It may help other people in same position.

Thanks,

Aaron
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