Have You Successfully Defended Yourself in Court

[antiquedave]

5 FDCPA suits settled in my favor (working on no. 6)

2 lawsuits against me by an OC gone forever

[PC1978]

My wife was sued by Midland last year, got alot of great info and knowledge from these boards. I think we were in a position where we could have won but we settled for about half because she was pregnant and really didn't want to fight it anymore plus I was the one filing all of the documents and if she had to go to court she may not have known what to say.

Thanks to everything I learned here though I had Portfolio Recovery trying to collect from me and I was able to beat them. In the process of collecting they committed FDCPA and TCPA violations so I sued them pro se before they could sue me. They settled for $2000 and deleted the debt (about $1000) and agreed to delete the CR listing and not file a 1099-C and I told them I would not sign a non-disclosure agreement.

[usagi555]

Seems like there are a lot of victories lately. It warms my heart.

[octupus3503]

FDCPA suit settled in my favor. Their side said my paper trail was the reason. SO the lesson here is: KEEP ALL PAPERS, envelopes, and write date received on each. IF you call, note who you called date/time and extension number and employee ID IF they'll give it to you. I also made notes during calls and wrote complete reports of what was said on both sides and highlighted any potential violations on their part. THEN, I made a folder with sticky tabs with #1, #2, etc and cross-referenced those with my database of their violations (some were multiple violations of same problem). This went on for over a year with me trying to do it w/o legal intervention. I finally got sick of it when the THIRD JDB called me for my FULLY PAID OFF debt, so the lawyer was called. He was so thrilled with my paper trail (for which most ideas came off this board) that he had me show him my system for future clients. THANKS BOARD, the advice here is very sound.

[creditstudent38]

I initially got my case dismissed without prejudice Midland. So they amended their complaint and now theyre trying to pull a fast one (motion to strike my affirmative defense, and motion for summary judgment) I OPPOSE. And reserve the right to amend answer and counterclaim.

But I'm so tired of these clowns, it feels like they did something wrong to me. Maybe I'll countersue. But I dont have the time, energy or money for it right now, so I'll probably settle for anywehr from 40-60% of debt, barring some miraculous compassion from the judge which seems unlikely but ya never know.

[WesleyD]

I must agree, and it would not be possible without any help and advices from concerned people.