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Showing content with the highest reputation on 05/09/2014 in all areas

  1. UPDATE First off, wow, yáll are great to pipe in and add so much opinion and fact. Thank you. I have learned so much reading all the comments. My wanting to consider Class Action was to hurt them. But it seems I can do that anyway. They are in violation of Federal law... the FDCPA (did I get the initials right? I rarely do...it's a mental block). Regardless, they violated the court order to do this, not do that, etc. So class action isn't needed. They are red-flagged. I won't get anything, but I don't care. They need to be held accountable. Now, on to what has happened on my end. My
    5 points
  2. @Coffee_before_tea Here's the statute of frauds: 25-5-4. Certain agreements void unless written and signed. (e) A credit agreement is binding and enforceable without any signature by the party to be charged if: (i) the debtor is provided with a written copy of the terms of the agreement; (ii) the agreement provides that any use of the credit offered shall constitute acceptance of those terms; and (iii) after the debtor receives the agreement, the debtor, or a person authorized by the debtor, requests funds pursuant to the credit agreement or othe
    2 points
  3. Congratulations!!!! "Just do your homework" Very good advice, @wendesdaughter.
    2 points
  4. I like confidentiality as an à la carte item in settlement offers with parties that wish to hide their bad behavior. I discussed the issue here in post #2 on UPDATE - Closing in on win against Asset Acceptance/Johnson Mark May things work out well for the OP.
    1 point
  5. since they cant show clear cut who can collect and who cannot, I would compel the purchase agreements for the entire chain. You can write a compel motion, state you can not ascertain the ture owner of this alleged debt with the items provided, and the lanquage on the items provided refers to a purchase agreement, you want the complete chain of title along with the purchase agreement. Be sure and point out any discrepiencies if the jdb 2 or 3 is only assigned the debt. Also does your state allow non owners, only assigniees to sue? find out, if not, that is another reason you need those purcha
    1 point
  6. I would feel the safest by keeping as much of a barrier between me and whoever I feel is threatening me. A steel door seems like a good option until the police could arrive. Again, if someone is forcing their way in, fire at will, but why open the door yourself?
    1 point
  7. Tom's comments and mine were in reference to something like this happening in Texas. In essence, if you are in your house, car or business, or even on your property, and are in fear for your safety due to the actions of an aggressor (and lunging into your house DEFINITELY qualifies as being an aggressor), you can cap the idiot. It is not a requirement of the law that the aggressor be armed.
    1 point
  8. If someone is banging like that call the cops, and don't open the door.
    1 point
  9. The process server is lucky he didn't do that here in Alabama or in any other deep red "stand your ground " state. Beating on a door and then lunging in when the door is open would be grounds for using deadly force to repel the intruder.
    1 point
  10. UPDATE::: I sent in a counter offer, with a new release I drafted myself (thanks Credator!), and a demand for the actual amount in damages + $500. A quick email exchange and they declined and counter-offered, which was not a good counter offer. I'm going to wait this out until court. Since the original posting, I sold more copies. By the time the court date comes round, I'll have made a nice chunk of change. I plan to amend my book (second edition!!) with forms and flowcharts for anyone else suffering with YuckCo the way I have. This forum, and others, have really reaffirmed my rights as
    1 point
  11. Checking in... it's been a while. Lawyer responded with a "BOP", I've been swamped with work lately, and kind of just browsed through it... looks like a few copies of credit card statements, and not much else. I have to sit down and look at it carefully to verify that. Then, a few days after I received the BOP, I received another letter from them offering a "settlement amount", it's slightly lower than the original amount (couple hundred less). I found that interesting, and kind of seemed like a sign of weakness that maybe they are just trying a last ditch effort to get something since it ap
    1 point
  12. UPDATE: So i sent the CCP 96 to them and never received anything. I attended court on 4/10/2014 and I am glad to say that the case has been dismissed !! The JDB Lawyer never spoke to me and only spoke to the Judge before any cases were called for motions. I waited 15 minutes as 6 cases were Default Judgements due to not contesting to inadequate defenses. When he called my case the Judge said thank you for coming in the Lawyer has entered into this court the dismissal without prejudice as of 4/09/2014, this case is dismissed. And just like that it was done. I want to thank all those that
    1 point
  13. I won my case by reading the information on this forum. I didn't get it dismissed with prejudice, but without prejudice is still a win. If you live in MI and are being sued by a JDB I'm here to testify that these methods work. Just do your homework and you'll be fine. Thanks bmc100 and everyone else who contributed information! I couldn't have done it without you guys!
    1 point
  14. @credit2011 @mamabear I don't know if you've stumbled upon this, use Calawayer Advice regarding sending BOP why this is better than starting Discovery http://www.creditinfocenter.com/community/topic/309078-motions-to-compel-bop-vs-written-discovery-in-cal/#entry1115890
    1 point
  15. There are other violations besides the FDCPA, and a good attorney can help you find them, and collect on them. I understand that you are not looking for money. BUT YOU SHOULD BE. They stole a lot of your time, your reputation and your peace of mind. You ought to value yourself enough to say to them: you.will.pay. Asset has done this to many people, that is true. But just as it's not the poor who build hospitals for the needy, it's the wealthy, it's also not the poor who strike fear in the hearts of the Asset Acceptances of this world; it's the powerful who have taken their money. Take ca
    1 point
  16. There are many differences between a Bill of Particulars (BOP) and written discovery in California but one important one is often ignored: the motion to compel. Because this makes a real difference to debt collection defendants and they often don’t understand it until it is too late, I thought it would be useful to start this post. Frequently, any discovery you serve on the plaintiff will be met by objections. To get adequate responses you will need to file a motion to compel. There are two major differences between a motion to compel a BOP and a motion to compel written discovery: deadlin
    1 point