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  2. I think you are referring to a "purchase", but a fine is definitely an exchange. For example, you are supposed to mow the lawn and keep it shorter than X inches. You pay for the privilege of keeping it longer than X inches. A fine, a transaction?, tomato, tomaito?... A transaction encompasses everything not just purchases and includes late fees (fines), overdrafts (more fines) , attorney fees not authorized by the agreement (even more fines) and any other penalty (again, fines) that may be tagged to a debt. All of which are covered by FDCPA.
  3. A quick google search shows that BH seems to sue on debts from payday loan or cash advance type places. Have you taken a loan from a cash advance website in the last couple years? If so, that might be what they are trying to contact you about. I agree with just laying low and giving them no information right now.
  4. Today
  5. If the 30th day falls on a Saturday, Sunday or holiday they have until the next day that the common pleas court is open to file the notice of appeal. This might apply here, and if so, it appears that they filed the notice on the last possible day. Best as I can tell, based on ch. 1000 of The Pennsylvania Code, it appears that appeals from magistrate district court to the common pleas court are de novo. If this is correct, they will serve you a new complaint within 20 days of the date they mailed you the notice of appeal, and then the entire case starts anew. If they are late in filing/serving the complaint, the burden is on you to pursue a rule 1006 procedure to strike the appeal. If they are late with the complaint, but you have not pursued rule 1006, the late complaint will be accepted. The complaint will probably look more or less the same as the one filed in magistrate district court.
  6. My neighbor is getting sued by a jdb. I was going to tell her to use a general denial form, but I believe the lawsuit is verified. The form says the following: VERIFICATION I, the undersigned attorney, declare as follows: I am an attorney at law duly admitted and licensed to practice in the state of CA. I am the attorney of record for the plaintiff. Said plaintiff is absent from the county in which I have my office and for that reason I am making this verification on its behalf. I have read the foregoing documents and know the contents thereof. Based on the business records of Plaintiff and my review of available factual information, venue lies properly with this court because a) defendant lives there b) contract was in fact signed by the defendant in this judicial district. I declare under penalty of perjury under the laws of the state of CA that the foregoing is true & correct. Executed on 9/2/19, at Los Angeles, CA
  7. Yesterday
  8. Cap1 for sure had arb in their 2008 agreements. I believe it was 2010 when they dropped it.
  9. My guess is also that it would probably be difficult to apply the fdcpa to the collection of mere fine debt owed to some government entity. However, in 2017, the FTC made a determination that a similar collector, American Municipal Services Corp. (AMS) of Dallas, violated the fdcpa while collecting municipal debt. Notwithstanding the above, you'd probably also want some federal court precedent in your district. Some fdcpa attorneys make reference to Municipal Services Bureau, for example; here. But this appears to be because Navient acquired Gila LLC (MSB) in 2015. So, the fdcpa attorneys soliciting business regarding MSB collection efforts might be primarily for cases involving student loans.
  10. Thank you for the thorough reply, Harry. I missed the clerk Friday, so now I'm waiting for Monday.. I'm reviewing as much information as I can about how this works, it's just very confusing as it's always from the other side. I looked through 150+ cases and only found one other person this year that they went after like this. It's really ridiculous that they're jumping through hoops like this, they had no case and lost. What is the point, they have literally hundreds of default judgement cases in this county alone! .. I also received a bankruptcy lawyer letter today, and not that those are always 100% accurate, it referenced an 'AR' docket number. Can they file for arbitration before an appeal? Do you know if Capital One had an AAA/JAMS arbitration clause in 2007-08? I know they dropped it somewhere around this time but I can't find the exact date.
  11. I disagree. A city code is not an exchange between the city and citizens. It’s a rule or regulation that must be followed. The only reason you pay a fine is if you don’t follow the regulation. That is not an exchange of services and funds.
  12. @WonderingInWI Why do you include "IN THE ALTERNATIVE, TO SUPPLEMENT THE RECORD" in this motion? This ruling is from a totally different case, correct? As I understand your situation, you aren't trying to supplement this current case record with a previous case. Fact #1-#4 are not relevant to the current matter. You described your previous decision with the same commissioner: Are you certain the italicized above is why he denied your motion to compel? Did you follow all of the court rules? If he truly had no idea what a motion to compel arbitration (under the FAA) was, or that it was even permitted, then a request for judicial notice of the fact that such a MTC is not only permitted, but was granted on appeal in your court, is an important fact. This is the "fact" that you want this commissioner to recognize. He may rule against this request, but he has to read it first. As I understand judicial notice here, he can't use the facts from the previous case, the reasoning in it or the ruling decision itself, but may be able to take notice of the ruling. (I am not a lawyer!)
  13. As you've probably already noticed, MSB says that (fines, etc.) are not covered under the fdcpa. From MSB's website; Some other cases that have involve a third party collector leveraging some power of the state (prosecution, arrest, etc.); Breazeale v. Victim Services, No. 15-16549 (9th Cir. 2017) opinion | argument Bounceback Although both of the above are not merely fines or fees but also have a nexus to a private debt; a returned check. For the collection of a debt that is just fines owed to some government entity, the fdcpa might not be useful.
  14. I hope someone out there can help me. I asked this question a while back and my court date is on Friday, 10/25/19. Please help me...
  15. You are right, it was Pintos. According to Merriam Webster, there are at least two definitions of transaction. - an exchange or transfer of goods, services or funds. - a communicative action or activity involving two parties or things that reciprocally affect or influence each other. So the second definition could easily involve a fine. Maybe a fine could be stated in terms of an exchange of services and funds.
  16. I think you’re referring to Pintos v. Pacific Creditors (9th Circuit Court of Appeals). However, that lawsuit involved the FCRA, not the FDCPA. To qualify as a debt under the FDCPA, there must be a “transaction”. What was the transaction?
  17. Thank you. I guess I need to look up caselaw for the 5th circuit. I remember there was an old case about a car that was wrongly towed for city fines and the consumer prevailed using FDCPA. but I don't recall in which circuit it was. The consumer never agreed to some of the charges (possibly storage fees). There is nothing in FDCPA about a consensual relationship. So it comes down to how the circuit interprets FDCPA. There was never consent to call the number. It was captured when I called an 800 number for an unrelated matter from the same city department.
  18. Clearly a credit card transaction is debt. But the definition does not state who initiates the transaction. In a city code violation the money subject of the alleged obligation is for household purposes. So the question is whether a fine is a transaction.
  19. Government fines is not considered consumer under the FDCPA because the relationship needs to be consensual (at least in the 7th circuit). Although that circuit does not cover Texas, the lawyers for the collectors can use that as a persuasive argument in a FDCPA case against them. So the FDCPA is out the window. The TCPA might be available but did you ever give the municipality your cell phone number for any transaction? If you did, then that is consent for the municipality or their agent (in this case, the debt collector), to call you cell phone. You will have to revoke that permission before the TCPA applied.
  20. I would think that the court case information for San Diego County CA would be online so I would look on the California Superior Court website for any case information related to you name. That might be able to tell you what this is about without talking to the law firm (and if there is no case information, I would continue to lay low).
  21. Hello @WhoCares1000 and @fisthardcheese I've read your advice and greatly appreciate the responses. I checked my credit reports and their names show up no where on them. They did contact me this morning via my cellphone which I answered because I was expecting another call and didn't recognize the number. When they called they simply asked to speak to "Silver" and did not state my last name. I asked who was calling and they used the law office name. They asked if I had received a notification in the mail, which I denied because I personally didn't receive one and like you stated, @WhoCares1000, that letter was addressed to the postmaster, not my mother. The gentleman on the phone then proceeded to try to confirm my mailing address which I refused again until he stated what exactly he was calling for. He refused to tell me what he was calling for because he said he was "unable to confirm that he was speaking to Silver," and then proceeded to tell me to look for a notification from them in my mail. That was the end of the conversation. I checked my call log and discovered they had tried contacting me before on October 3rd which I didn't answer then and they never left a voicemail. The plan is to lay as low as possible from these people.
  22. 1692a(5) The term “debt” means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.
  23. This looks to me like overshadowing the right to request validation: And then the address for payments is the municipal court and/or the marshall's office (not their own). So is the municipal court misrepresenting whoi is in fact collecting the debt?
  24. A City in TX contracted with them to collect on a debt related to city code violations. The most the city can do is file a lien. However, in a dunning letter, MSB claims there could be arrest warrants for non-payment. The name of the company seems to suggest (to me, a least sophisticated consumer) it is some sort of government agency, but even if that's not the case, the city could not have approved a threat of arrest, which is not even a remedy for city code violations. MSB also called many times. Obviously, the city code inspectors never had consent to call my number, so they could not possibly authorize MSB to call. The wording of the letter is not standard and it seems to lack at least one of the mandatory disclosures (or makes it very hard to identify it). Is this considered a debt within FDCPA? More specifically, are fines considered a debt? Not sure if the exception for "any officer or employee of the United States or any State" applies. I found some caselaw that identifies the difference between a State and a Municipality employee, where the former has sovereign immunity, whereas the latter does not and is not considered a State employee. I have read several comments and apparently MSB does not sue and only makes empty threats. Just considering whether a suit is in order for egregious FDCPA and multiple TCPA violations.
  25. The SOL in FL is 5 years. As long as they filed within that time it is timely and not covered by a laches defense. The courts in all states know there is no contract in a credit card case. They won't be needing one to find that the account is yours and you defaulted. The court cannot order them to accept payments for five years. You could settle for that but they will require you to sign a consent judgment. What that means is that if you default again they would not have to sue you in court to enforce the judgment. They can proceed right to a debtor's exam, wage garnishment or bank levy. If you have more than one debt that puts you at risk for suits then a consult with a few bankruptcy attorneys is in order to discuss your options. Most if not all do a first consult for free.
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