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ericsouth23

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ericsouth23 last won the day on February 21 2014

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  1. Okay, I thought that would be the case. So, I will just wait for them to make the next move. Now here is something kinda weird. I am looking at the copies that they attached, trying to find the last payment date, so I can figure out the SOL date, when I notice something. One of the copies they sent shows the Charge off, this is on the exact same statements as they mail to you each month, and is one of the three copies of statements they attached. But here is what I find interesting, on the payment section (detach this section for payment, the payment coupon you get with your statement) is this: My account number New Balance: $0.00 Total payment due: None Mail payment by: Due Now Payment Due Date: Due Now My name My address Did they just make a mistake???
  2. I followed the awesome things I learned here, and when a JDB sent me a request for payment, I fired off a Debt Validation letter. Now I have received a reply. In it, they said that they bought the account, and that they have now provided the information, and it is time to pay. All that they included in the letter were copies of payment statements from the CC, that were sent to me from the credit card company, and nothing else. I am not sure what my next steps should be at this point. Can someone help me with the next steps? Card: Action Card JDB: Jefferson Capital Systems Amount: 3460.00 Last activity: 2009 (within the Georgia SOA) Thanks
  3. I was surprised at how quickly the lawyers left, as each one finished their stack of papers, they ran out of the room. Even though their coworkers were still in there.
  4. Research this site for other people that have been in similar situations in your State. I focused on that with my suit, and then read every posting you can find. Keep all your papers, notes, defenses in a notebook, organize it as well. Read EVERY sheet of paper they send you, and then read it again. Map out each date and look for missing items from the papers. Once I started mapping out all the documents/date/ and such, I found a number of holes that I could use in my defense.
  5. Observation from the court They really don't like it when you sit and watch I had multiple lawyers come over and "Have you been helped, why are you still sitting here?" Another case came up, and the lady admitted to most of it, but when it came up to her time to talk she said "I have some case law I would like to bring up" and the Judge said "Is it Georgia case law?" and she said "Yes" The lady went on to read the Georgia case law that talked about original creditor and sales of accounts, and then dropped the bomb. "Do you have the sale of my account from XXXXX?" and the lawyer said "Uhhh, no, this is the first time I have heard of it" and the Judge said "Well, looks like you found the fatal flaw in their case! Good for you! Are you a lawyer?" And the lady said "No, I'm not." and the Judge said "Okay, I'm ruling in your favor then." Case dismissed!!!! The lady turned and I gave her this big grin and she gave me a thumbs up and a smile. So, ANYONE that is facing this, DO NOT GIVE UP HOPE!!! Do you research, use the people on this forum to help you, and if you can afford a lawyer, seek one out, but NEVER GIVE IN, always stand up and fight!
  6. IMPORTANT OBSERVATIONS FROM THE COURT This first one was depressing. I saw a case go in front of the judge for collections and the person said how they had lost everything, and had worked with their creditors to get things worked out except for Crapone. Here is where it went VERY WRONG. The person said to the judge as they were explaining "This is my debt, all I want to do is work out a deal with Crapone for this, everyone else has." And the Judge said "I can't force them to do anything, and you have admitted it is your debt" and the person said "Yes, it is mine, I am not denying that, I just want to them work with us." and the Judge said "I can't do anything about that, so I am going to have enter a judgement against you." That sucked! Here is a person standing up for themselves and trying to do the right thing and they got screwed over. The HUGE mistake they made, admitting it was their debt.
  7. Well, I might be cross-posting this, but to everyone who has helped me, THANK YOU!!! I WON!!!! I went outside to talk with the lawyer and was asked "What are you seeking?" I said "Dismissal" and she said "What are you reasons?" and I just stared at her. She told me to go back into the court and wait. About 10 minutes later she came in and handed me a sheet of paper saying "We are dismissing, go stand in line over there"
  8. I ended up in court last night, and it was packed! So, after I had my name called. I waited for the lawyer to come and talk with me. We went outside and I was asked "What are you looking for." I said "Dismissal" and she said "What are your reasons?" and I said " " in other words I just stared at her and kept my mouth shut. She then said "Your going to have to go wait inside for me." And I did. About 10 minutes later she walked in and called me over and handed me a sheet of paper and said "We are dismissing the case, go stand in line over there." So I WON!!!!
  9. Hotwheels96, no I don't think I'm being picked on, I appreciate the different viewpoints on this from everyone. I am just like everyone frustrated that this JDB is trying to take advantage of people, and after what I heard one of them saying when I went to court to just sit and watch, I was shocked. I just want to make sure I am covering all of my angles on this one, I never had a contract or loan or debt with Midland, and I think it is unfair that they can pay pennies on the dollar and then claim that someone owes them thousands! If the OC did not pursue it, the OC had a pretty good reason, there was nothing there. But then the JDB comes in and basically extorts money from people, and from what I have read about some of them, once they get ahold of your account information they drain that account dry, beyond what they claim they are owed. Why is it that the little guy gets stiffed all the time? How would the JDB feel if they were put under this same sort of situation? What if their mother or father was?? As bad as things are in this economy, it is sickening that a JDB takes advantage of people like this. They don't care about your situation or anything, all they care about is the almighty dollar. Time to get off the soapbox! Thanks again everyone, I'm off to the courthouse!
  10. Oh well, I guess that ends that one. Time to go and chill out for a bit before heading over to court. More information to follow, after I go to court tonight.
  11. BV80 On the issue of advice that they gave me. "LET US HELP YOU! If the account goes to an attorney, our flexible options may no longer be available to you."
  12. FDCPA 807 (9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. or ยง 812. Furnishing certain deceptive forms [15 USC 1692j](a) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.
  13. Looking at the violation of the FDCPA question, what about this I just found: It is also a violation to send a letter stating that the collector will "recommend litigation" or "advise the creditor to sue." Some of such correspondence has been found to violate the FDCPA because it, in essence purports to give legal advice to the creditor. The collector is not permitted to give legal advice, unless, of course, if the collector is an attorney himself.I do have a copy, that they provided in the documents that is from MCM and titled "Pre-Legal Review" and it does say that unless they hear from me they will be forwarding this to an attorney. And this was from the MCM Credit dept, not a lawyer.
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