Once you're in court, DV'ing is useless (Really!)

[admin]

FL4 -

I'm not saying it's illegal, or you can't do it.

What I'm saying is that it won't help you whatsoever. It is a waste of your time! Instead of writing a worthless DV, you could be directing your energies towards:

• Reading/understanding rules of civil procedure in your court
• researching case law
• filing the correct motions/documents

These things will make the most difference in court. Judges will know you went to the internet school of quickie law if you start talking about how lawyers didn't respond to your debt validation request after they filed suit.

Why not just state the Plaintiff has no evidence to back their claims? You don't need to DV to get this point across. Lack of evidence is a legal point on which you can win.

Where a DV DOES come into the situation: If you can prove that you sent a DV request within 30 days of initial notification and the collection agency continue to call you without sending you anything or responding and is now suing you, that's the time for counterclaims/suits.

[FL4answer58]

Originally Posted by admin

FL4 -

directing your energies towards:

• Reading/understanding rules of civil procedure in your court
• researching case law
• filing the correct motions/documents

These things will make the most difference in court.

These are the 'things' I wish I had learned and listened to in retrospect when I first came here - a ‘newb’. (I don’t mind the title – I am one)

The single best advice I was to learn - the hard way unfortunately.

[MrPunch]

Originally Posted by admin

If you've been served with a lawsuit, the time to send a DV is OVER.

Do you still need to do DV if you just want to settle? Or how do you otherwise know if they have a right to collect?

Originally Posted by admin

After you answer the complaint, you can then do a request for production of documents/discovery (depending on your court's rules of civil procedures - if you're being sued in small claims, you usually can't.) When you do a request for production of documents or discovery (it's called one or the other depending on your state), THEN you can ask for the things that you might ask in a DV:

1. Copy of statements from OC or contract
2. How the debt was calculated
3. Letter of sale or assignment.

But you must ANSWER THE SUMMONS/COMPLAINT FIRST!

But what do you do if it IS a small claim? No discovery, no interrogations? Just go to court and fight?

[ipigott]

Ok so I get that DV after being served is useless......but what about if I havent been served??? In my case, I know that a case has been filed in my local court by a JDB over a month ago, but I have NOT been served. I have, however, received 2 letters from the JDB (not the atty who filed the suit) offering to settle the acct.
I have NOT been served, I have NEVER contacted the JDB, and they are not calling anymore ~~~only sending letters.

I do live in Texas and have read over and over that it is a consumer friendly state when it comes to debt......

What do I do in the mean time???? Just sit and wait to be served?

[admin]

ipigott - same difference. Useless.

[ipigott]

thanks admin---
any suggestions on what I should do in the mean time...while waiting to be served?

the court website shows the petition was filed, but no date for answer due, no payment for process service~~~~ just shows the $34.00 citation fee was paid.

[admin]

Start thinking about a defense, study up, get familiar with your state laws and rules of civil procedure.

[dian]

Originally Posted by ipigott

Ok so I get that DV after being served is useless......but what about if I havent been served??? In my case, I know that a case has been filed in my local court by a JDB over a month ago, but I have NOT been served. I have, however, received 2 letters from the JDB (not the atty who filed the suit) offering to settle the acct.
I have NOT been served, I have NEVER contacted the JDB, and they are not calling anymore ~~~only sending letters.

I do live in Texas and have read over and over that it is a consumer friendly state when it comes to debt......

What do I do in the mean time???? Just sit and wait to be served?

In Nyankojo vs northstar capital acquistions 298 Ga App. 6 (2009)
A creditor seeking to collect on a debt must introduce competent evidence to show chain of assignment actually leads back to the debtor.

If this cannot be shown by documentation then the casew should be dismissed.

Again in Wirth vs Cach llc 300 Ga App 488 (2009) A creditor must prove the entire chain of assignment of debt by competent evidence in order to collect on it.

These junk debt buyers have been providing bogus computer generated papers that are usually part of a lumped amount of accounts purchased from the original creditor in bulk. its estimated that 90 percent of these debt collectors do not have the evidence to support validation of the debt that will satisfy the court.

So this would be a great place to start I would think? But what do I know? I've been just trying to figure out what to do myself after being served with a lawsuit for an old Capital One debt.

This site and everyones posts have given me a lot of information and I just hope its accurate as I am counting on much of it.

: )

[Seadragon]

Just to show diligence. Trial judges are not going to let you control their case management. In my case it didn't even phase the judge when I said they haven't validated the debt in response to my letter filed right after FRPD(First request for production of Documents). They said "not part of the Code of Civil Procedure" so basically it is outside the box. I tried to cite Komarova v. north shore acceptance(2004) which dismantles the "Litigation Shield" but he said" the supreme court says CCP 47 is controlling."

it seems that trial judges have "discretion" to warp space time so the laws of physics and reality don't have to apply in their zones. It is kinda surreal. I hate court. In my case The RFDCPA is absolutely no help to Pro Pers because judges won't enforce it and will give the plaintiff's and their affiants more credibility than us.

Whatever you do, make sure you don't give them more time. demurrer(California)/&answer, BoP, Letter demanding responses (people say ten days so give them 5), Motion to exclude, FRPD mailed day before Hearing for MTE, Motion to strike complaint, ETC. ETC. keep them on a tight leash but let them answer discovery before sending another. and put a freeze on your credit report so they can't get it.

They will also let other JDB's know they found you by updating credit report putting a freeze stops all that.

Yes I know this is supposed to be about DV's but it is a so I thought something more useful than DV would help. I mean people think the FDCPA is like a big harry potter wand that will make the bad men go away. Get over it the Fed govment does not give a crap about debtors because not one of us can afford to donate to political campaigns but the Banks and JDB's can because they get default judgments because people waste their time on stuff like DV'ing when they should be answering, and securitization instead of arbitration. The deck is stacked against us enough already why would we choose the jokers instead of aces. I tried it it. didn't work for me and in the time it took you to read my post you could have looked up 1 case that you could have used in your case. Try searching for CCP 2015.5 if your in california, try searching http://lexisnexis/clients/CAcourts. Look up How to subpoena, or write a trial brief, THE FDCPA CAN NOT HELP YOU WHEN YOU ARE SUED, YOU ARE ON THE DEATH STAR NOW BE OBI WAN NOT THE DROID.

I know it sounds like a rant but at least it stop the endless rattle about the weakest part of the FDCPA d*$% I wish they would take it out of it already just so I don't have to hear the same s^$% about it.

Just My opinion don't get mad just get to work on your case.

[Seadragon]

But it is abundantly clear to me(having had my A&^ handed to me) that if you don't even try to get the basics of litigation down, the court is not gonna listen to what you have to say. Attack their standing, the credibilty of their affiant, and the bookkeeping practices of The OC. the real issues are do you owe and can they rustle up some docs to prove their little allegations. If you try to bury them in paper it is gonna piss the judge off because he is gonna have to read it and they have 100's of people to bury you.

So in conclusion think short timeline. answer not on the last day gut it out and answer in the first 5 days let them know your not a punk and when they try to drag it out while they get the docs motion to strike the complaint/affadavit that they sent to support their future case.

That would be the way to win. not endless reading of fanciful theories that get shot down by 30 seconds of research on Opp. attorneys part.

Dredge up dirt on them (past violations) use that instead of DV.

Dang I did it again see trying to talk like attorneys about DV will not make it viable.

[Seadragon]

You need allies not the FTC, but your attorney general and any other agency that helps regulate the collection industry. If you are having trouble why not get the media involved. write an article about your experience to the local paper about how the lawsuit went. If you were improperly served let everyone know that that process server caused you to get a default. Complain about him/her. If the lawyer doesn't give you your discovery picket outside his office(after calling the media) and I'm sure he will give it to you or at least meet and confer. Don't mess with the court though (that would be foolish). Take out an ad in the paper warning them about improper service of summons from the dangers of not answering a lawsuit as a public message. the only way to stop the default express is to shine a light on it. invite the media to your trial (Local boy vs. Big bad snidely whiplash) they might give 2 sides of the triangle pause and could level the playing field (worked for OJ first time).

Oh and stop pissing off the clerks. They just tattle to the judge. They could care less if you win or lose as they only see you 8 times at the most. They view us as the reason their days go bad. have all the paperwork ready for time stamping and no mistakes.

Thank you for your attention. Hi. my name is Seadragon (high seadragon) I am a post whore ( )

[skyshopper]

New fan here. Nidland Scumding Michigan victim. Been reading this site for a few days now. Am preparing my Answer and still have another week so I want to be sure I got everything covered. With regards to this subject, I was going to include a Request for Document Production simultaneously to get their 30day clock ticking so as to hopefully not drag this out longer than necessary BUT noticed a somewhat recent change in Mich pleading rule (1/11) that I will paste here. My question is since they only included the silly affidavit from some legal aide in MN, can I somehow do something with this 'omission' to the original complaint?

(F) Exhibits; Written Instruments.CHAPTER 2 CIVIL PROCEDURE Chapter Last Updated 1/11/2011

(1) If a claim or defense is based on a written instrument, a copy of the instrument or its pertinent parts must be attached to the pleading as an exhibit unless the instrument is
(a) a matter of public record in the county in which the action is commenced and its location in the record is stated in the pleading;

(b) in the possession of the adverse party and the pleading so states;

(c) inaccessible to the pleader and the pleading so states, giving the reason; or

(d) of a nature that attaching the instrument would be unnecessary or impractical and the pleading so states, giving the reason.

(2) An exhibit attached or referred to under subrule (F)(1)(a) or (b) is a part of the pleading for all purposes.

I should note that the affidavit does not state any of the above reasons. It is the usual ambiguous document with dollar amounts and vague references. (very similar to singledadjames)

[CashOnly78]

Is it true that the Plaintiff has to actually find someone who worked for the orginal creditor and bring them to court- we hired an attorney and paid 1500 to handle our citation/court suit from Equable Ascent Fin- on some old Wamu debt from 2008? We were served end of Jan 2011- filed the answer in Feb and filed a response to request for admission on March 19- So the silence has been bothering me- I ran a credit a report and the WAMU debt is still on their- How long can this linger in the court system for TX cases? I am starting to worry and want this behind me ASAP

[spider21]

Hi i been sued by credit card company Capital One in California. Plaintiff claims to be OC Capital One but from what i've learned by reading your posts, i know that it's the attorneys (Hunt & Henriques)suing me and not OC. During Discovery I asked for production of document and bills of particular for plaintiff to produce written contract or statements. They produce some credit card statement but they objected to give anything else. They claimed that any other document are protected from discovery under attorney/client privilege or work of product. Now there is a case management order issue by the court for a Non-Jury trial set for 11-9-11. Any advice your can provide on what could i do to defend myself against this Junk deb collectors. Any extra help will be highly appreciated > you already had helped a lot> thanks so much.

[ausag]

Thanks for the info.

[Dr Miguelito Loveless]

I am currently in court to contest the registration of a judgment based on an arbitration hearing in Minnesota (I live in NC). They claim they served me notice of the hearing but I don't remember such an event, and the UPS receipt is a pretty vague digital signature (with the delivery address backed out).

Anyway, I am now in court, and they claim the debt is from an MBNA account, yet cite an account number that doesn't match the MBNA account I had in the past.

This account, I paid off with a debt consolidation loan in 7/2005. The bank loan was handled by a reputable local law firm, and thus I have copies of the canceled check, the last statement with payoff amount, and a letter instructing MBNA that this was payment in full and to close the account. I also have a copy of my 6/2005 credit report showing only ONE MBNA account open.

Now, when I looked up my credit report, I find the account number they list, but it is listed as a BoA charge off. This is weird, since the account # begins with a "3", which is an Amex number.

I went to the local BoA main branch, and got their loan manager to dig into it for me, and he shows original MBNA account as paid off (they bought MBNA in 2005), BUT that there was "activity" after the payoff date. In fact, a print out under the original MBNA account number (beginning "5", meaning a MasterCard) has a number of anomalies:

The middle two digits of my SSN are off one digit (a "5" instead of a "9".

The account has no close date and shows a statement being sent out as of this month, with a $4,600 credit line.

The account does show an expiration date of 11/2005.

How can an account have no close date, yet have a six year old expiration date, yet claim that a current statement has been sent, and that the account is active with a $4,600 credit line ALL ON THE SAME PAGE?

Is this kind of evidence of no use in court because I "lost" in arbitration? I think any reasonable person would question the validity of this debt.

[swing]

The default judgment against me was vacated last week, and the case has been restored to calendar. Is it possible to request discovery now that the default judgment has been vacated?

My case is in New York State.

Thanks.