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About Frustrated18

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  1. Is it possible to file a complaint after the judgment? My judge said that I may be barred from it. I put in my initial disclosures that I would seek FDCPA violations in federal court at a later date, but I'm not sure if that will suffice, or if I totally screwed myself out of relief that a suit might bring.
  2. Like any law, I guess it's up for interpretation. Still weighing all of my options. I see that it would be potentially good to have some caselaw within the state on the matter, as I have not seen any on it....and I'm sure someone in my position would appreciate to have something for reference in the future. I just don't know how I'm going to do all of it. Considering filing bankruptcy and if the collection board comes back and says they should have been licensed, then potentially filing an FDCPA claim. But I don't know if that's even an option. They filed the suit the end of May and served me the end of I would only have until then to file the suit...and not sure if I would be able to on the collection board determination or if I would need to have it documented in the appeal....but the appeal might take that long to get through.
  3. I am in the process of submitting a complaint to the Collection Board. I started the complaint process, and now they are sending me paperwork to fill out and notarize. Unfortunately, I won't have these answers until the notice of appeal and subsequent paperwork need to be filed. If they do come back and say that they needed to be licensed, I could potentially have an FDCPA claim.
  4. Unfortunately, my state has very limited case law, so I have to use case law from other jurisdictions.
  5. LeBlanc v. Unifund CCR Partners, G.P., 552 F. Supp. 2d 1327, 1337 (M.D. Fla. 2008) Heintz v. Jenkins, 514 U.S. 291 (1995) Finch v. LVNV FUNDING LLC, 71 A. 3d 193- Md: Court of Special Appeals 2013 LVNV Funding, LLC v. Trice, 352 Il1.Dec. 6, 952 N.E.2d 1232 (Ill.App.2011)
  6. These are our statute definitions: (iii) "Collection agency" means any person who: (A) Engages in any business, the purpose of which is the collection of any debts for Wyoming creditors; (B) Regularly collects or attempts to collect for Wyoming creditors, directly or indirectly, debts owed or due or asserted to be owed or due another; (C) Takes assignment of debts for the purpose of collecting such debts; (D) Directly or indirectly, solicits for collection debts owed or due or asserted to be owed or due a Wyoming creditor; (E) Uses a fictitious name or any name other than their own name in the collection of their own accounts receivable; or (F) Collects debts incurred in this state from debtors located in this state by means of interstate communications, including telephone, mail or facsimile or any other electronic method, from the debt collector's location in another state. (viii) "Debt collector" means any person employed or engaged by a collection agency to perform the collection of debts owed or due or asserted to be owed or due to another, including any owner or shareholder of the collection agency business who engages in the collection of debts; (viii) Any licensed attorney acting in an attorney-client relationship with the creditor, and who conducts the collection in the true name of the client. I argued the underlined applied...the opposing counsel argued the same argument in my original post for all of them...other than they are an attorney so they aren't subject to debt collection licensure. Thank you for the case law reference.
  7. The card agreement they provided states that the person who elects arbitration will have to pay for it.
  8. There is also good case law that shows that Unifund is doing business a debt collector. The question is, how do I prove that in appeal? This account was charged off 5 years ago. I've been through a divorce since then, and I have no records to the account that I paid from or from the creditor. I submitted a Laches defense, but it was discarded. I'm still researching that, and it will depend on whether I am effectively able to appeal. I call an attorney, and say that I need assistance in a debt collection case. They say they aren't taking new cases. This means that all debt collection cases are a waste of time and unwinnable?
  9. I'm new to posting on this board, though I've read a lot of the issues that have been cited on here, and it has helped me a great deal. So I hope I can get some guidance from here. I had a strong case against Unifund CCR, LLC, in that they are not a licensed debt collector in my state, and such, should not legally be allowed to sue me. They convinced the judge in a summary judgment hearing that none of the debt collection definitions within our state's statutes pertain to them. They said that they "own the right to collect the debt" so they are not collecting for another; they are collecting for themselves. They compared themselves to the way a mortgage is created. The example they used was if a person takes out a mortgage loan from US Bank, the paperwork they receive will likely come from Centurion Mortgage or the like. I tried to rebut, but the judge kept cutting me off and asking their opinion on why they are not a collector. All of their documentation that they have provided, in letters to me and in the Assignment they produced, they list the debt being owed to Distressed Asset Portfolio III, LLC, and they were assigned the account for "collection purposes only." The judge also waived off my defense that the attorney is also acting as a debt collector. He stated that they are licensed to practice law in the state and such have a right to commence the lawsuit. I live in a very small population state, and there are not any cases within the state that I can find to help me. I also offered an objection to their affidavit, as it was produced by someone from Unifund and not the original creditor, so they cannot have personal knowledge of the account. The judge said that the records fall under the hearsay exception, and my objection was overruled. I objected to the balance, as the last 2 years of accounting were missing in the statements (as the account was in charge-off, and I was still making payments, and the documents don't clarify if other fees were added in that 2 year period). He said that I needed to prove that the balance was different than what they have listed whether that's through statements or my records of payments made on the account. Isn't it the Plaintiff's responsibility to prove the amount due? I've spent around 20 hours or more a week finding case law and compiling documents with the caselaw to submit in my defense. The opposing counsel submitted basic statements and their opinions in their documents, and no supporting laws, but yet win. I want to file an appeal, but I'm not sure how to get the appellate court to see that Unifund CCR, LLC is a debt collector. I also filed a motion for summary judgment. The judge didn't rule on it at the hearing for their motion, and the date my reply for my motion was the date of their hearing. (I didn't request a hearing on mine.) I still submitted my reply to the Plaintiff's opposition after the judge ruled, as I didn't want to waive that right. I know this is complex...and I'm just hoping someone can give me some direction. -How can I prove Unifund CCR, LLC is a debt collector or acting as a collection agency to the appellate board? If anyone has cases that they know of similar to mine that the court found that a company assigned debt for "collection purposes only" was a debt collector, I would greatly appreciate any citations to use in an appeal. -We didn't have a court reporter, but I am looking at filing a Statement of the Evidence from the hearing on their motion for summary judgment on appeal. How do I go about this? Do I only include what my arguments were, file that, and request that the other party and judge do the same? Or do I file a complete recollection and then they offer amendments? -Can the judge make a ruling on their motion for summary judgment before mine was completely filed? -Can I file an FDCPA claim after the ruling on a summary judgment? The judge stated in the hearing that this would have needed to be filed within this case, but this court doesn't have the jurisdiction to hear federal cases...and I put in my documents that I reserved the right to file a complaint for FDCPA violations in a federal court at a later date. Will this suffice? Or will I not be able to seek relief if it wasn't filed as a counterclaim in this suit? There is a lot of information that I have for this case, so I hope this snip-bit of information isn't too vague for answers. My judge said it was one of the thickest files he had ever seen for a debt collection case. Any help is greatly appreciated. I've sought the help of attorneys through this whole process, but none seem to be taking new cases...I will continue to look for one for the appeal process, but since time is of the essence, I'd like to get as much information as I can, especially if I have to go at this alone.