Collector IC System and my lawsuit, settled in 11/08

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User offline. Last seen 1 week 6 days ago. Offline
Joined: 11/26/2008

Because I sued IC System, I have an entire blog about the litigation with the filings and transcripts and recordings of the harassment calls.

IC System collected my WaMu account and while we settled the lawsuit for its FDCPA violations, it had nothing to do with the underlying MaMu debt. 

I believe both my WaMu accounts have been sold to debt buyers by new WaMu owner Chase and they'll be featured in separate posts here.

Recently a reader wrote that she retained an attorney to defend against a collector demanding payment of a rather large $80k debt.  The reader wrote that the attorney advised her that the FDCPA only applies to accounts that are charged of.  That's as ridiculous as it gets and it just goes to show how incompetent so many lawyers are and that people PAY for such horribly wrong advice is just outrageous. 

I'm not a lawyer, I just read the law, legal filings and court rulings and I act accordingly.  Don't just believe what I say, do your own reading - that's why I post all my litigation, attorney litigation and so many court rulings and opinions.

According to this reader, the attorney even tried to set up a PAYMENT PLAN for this huge account INSTEAD of going after the collector for FDCPA violations and it sure looks like he was working for the collector and creditor even thought the reader paid him.

WaMu had assigned my account to IC System prior to charging it off and they did NOT file counter claims or sue me for the over $8k balance because WaMu had NOTHING to do with the lawsuit.  Soon after IC System got my initial letter prior to filing suit, they sent the account back to WaMu and the calls stopped.  As the original creditor, WaMu was exempt from the FDCPA and therefore I did not name it in my suit.

I did however name EACH IC collector who violated the FDCPA in my suit and that's how you can get around the $1,000 maximum statutory damages. 

And that's why it's so important that you record all calls and get their NAMES.  Apparently the most abusive IC collector was no longer employed by them when I conducted discovery, so maybe she got fired because of my suit.

According to a 9th circuit ruling against Arrow Financial, emotional distress and mental anguish are ACTUAL damages and you do NOT need to have seen a doctor to document these damages.

The jury awarded significant damages (about $80k), details are at CreditFactors.