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Everything posted by fcfollett

  1. Oh I considered it , but I am sure there is some $ amount where they will say, no, we'll fight and take our chances. Happy to have won! The magestrate actally made a comment about FDPCA being an old law. <Huh?> So is thou shall not kill, doesn't mean its not valid. I figured he's not look kindly on my counter because it was fluff damages. Either way, make a nice Xmas bonus.
  2. <I'm not a lawyer, and I don't play one on TV, but here's my story> It all started with a call from a Deputy Sheriff from the next state over. Appernatly I missed a trial for a suit filed by Calvary, by their attorney from NH, who hired a lawyer in MA. And there is a warrant out for me. Guessing he got my work # from the ex who resides in MA. I am to appear in MA Small Claims in Oct at 1pm. <What, am I part of the James Gang now? Should I be watching America's Most Wanted for a picture of myself?> So I hit the forums, read the court's self helps, read the forums some more........So I showed up on the date ready for a fight to find, that I already had a judgement against me and this MA lawyer asking me how I'd like to pay $1,049. (I use to live in MA, but this account would have been opened well after I moved to CT.) <what? Um, No!> Needless to say we appeared infront of the magistrate after I told the lawyer, "uh, no!", where I told him the magistrate I don't live in MA and this is the wrong venue. The magistrate actually said "what's the difference, you only live just down the road, don't you?". <Really? Um, No!> Then I proceeded to explain why the piece of paper he had in his hand was not evidence, just a claim that has the wrong address, and the rest may or may not be accurate. I need to see evidence of the debt. Needless to say he reversed the judgement and we set a new trial date for Dec. (check your State Laws on reversing judgement. While an appeal was 20 days, reversal based on new evidence is much longer) This site was invaluable to being able to build and file a counter claim, which I also served to the Plantiff via the NH attorney for $1,428.95, for violations of FDPCA, 811,a,2; 809, a, b; 807; 808 and 813,a,1,2 and Mass MA Ch 223A, 6 Mod of Service outside the Commonwealth, proof of service. A week goes by and and a letter comes from the NH attorney's office asking me to settle for $500. They want to GIVE me $500 to go away. "Mutual Release of All Claims and a Mutual Dismissal with Prejudice". <Huh? Um, Ok!> Guess my crash course in small claims law paid off. My new rule is to now say No twice before saying yes. Now I have to say, while I sat there in the court waiting to be heard, I lost count of the Debt Collector cases that went un answered and went to default judgement, prima facia. Basically what happened to me. I have always considered myself a fair guy, but when a company pulls this, its just wrong. Again, I want to thank all those here that are helping others out!!!
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