Late early 2006 — eBay overcharged me for fees. They refused to budge, I refused to pay. They closed the account for $45.
Feb/ March IC Systems collection agency sent me demand for payment for $45.
I responded USPS Delivery Confirmed, disputing the debt and asking for validation. Response was timely within FDCPA
Feb/ March IC Systems called me a number of times, as well as my mother.
Nov/ Dec IC Systems began calling again.
Nov USPS I demanded IC Systems to "cease communications"
Dec calls continue, including Christmas eve and day after Christmas
Dec USPS Delivery Confirmed, I send Summons and Complaint to IC Systems for FDCPA violation demanding $1000 statute penalty. I don't file it, but have it marked for filing in State Court. (I also didn't include copies of the letters in the Complaint so I have to amend their filing to reflect the evidence.)
They continue calling after receiving Summons and Complaint
Week of Dec 22nd, I call IC systems and ask why they are still calling me. They say they have received no paperwork from me to refrain and will continue.
Dec 24th, I fax a letter to IC Systems reminding them that they have been ordered to cease communications and are being sued. They continue to call December 26th.
Jan I receive Notice of Removal and Filing in Federal District Court. Defendant's attorney pays $350 filing fees to move this case from State to Federal Court, where it is harder for amateurs to win.
Jan I sent email to Defendant's attorney for Purpose of Settlement asking him to call me. He has not.
I am in the process of:
- amending the Complaint to include the exhibits (letters and phone company records) and to include their client, eBay.
- Requesting Admissions that all of the above is true
- Filing a Motion for Summary Judgment
- Requesting Interrogatories
Currently, they have spent the $350 plus any attorney's fees to deal with a supposed $45 debt.By statute (the FDCPA) I am entitled to $1000 plus costs. They have a number of cases pending in Federal Court in Minnesota.
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