Josh Mcgrath

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About Josh Mcgrath

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    Impressive 100+ postings

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  • Interests
    FDCPA FCRA collections

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  • Location
    Texas

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  1. Depends on what county you are in? What was your violation? Dean Malone's law firm is terrible at best
  2. I am seeing lots of Texas residents posting about federal law, which limits what they can do to protect themselves compared to Texas Fair Debt Collection practice Act. So this really needs to put out there and possibly stickied! Texas has their own TDCPA. Biggest differences between it and FDCPA are that: 1. They must reply to a DV at --ANY-- time, even way off SOL 2. The CA must RESPOND TO THAT DV IN NO LATER THAN 30 DAYS!! 3. Unlike FDCPA, under the Texas version, you can sue for at least $2,500 in damages (or more) per violation. However, the catch is, that TDCPA does not allow for lawye
  3. thanks for the help, and it will be very helpful info in the future, but I did not have insurance. That is why I went to the county hospital! Now if I was an illegal immigrant, I wouldnt have to pay a dime... nice... But either way, i will request my itemized statment very soon and go from there.
  4. They do freeze accounts in Texas...but you know what...they can freeze my 6 dollars if they really want to.
  5. Thanks for the help. The papers that got lost were the papers that basically said Im a broke loser and don't have insurance so the county will pick up the bill. They should have my itemized statement for services rendered. I would not be surprised if it is padded since it was a car accident and they would normally collect from the ins. I am in texas so I can, by state law, DV anytime. Woohoo! I am kinda afraid to DV cause with this much money involved, they will sue for it. So I was thinking of getting a PO box to mail from/to to hide a little. So do ya'll think, even with over 14k involv
  6. If you meant DV the CA, I didnt want to make them hurry up and sue me. I am going to call them while recording the conversation (if a two-party state, ask them to call me back then record) and hopefully get them saying something illegal, which isnt very hard
  7. Wow, RA, havent heard from you in a couple years...since I've been on this site again. What do you mean by covered? The hospital said "we can't go back past 90 days to get you classified".
  8. Keep in mind, in TEXAS, the CA HAS TO RESPOND IN 30 DAYS, by TEXAS STATE LAW! Now, that being in a court case, I am not sure, but I would think they still would have to. But finding a lawyer to take your case on that during a lawsuit will be very rough... I have sued 2 CA's for not responding at all, even after taking it off my credit report. Texas is GREAT!
  9. Long story short: I wrecked my TransAm on New Years (sober). I hit a pole on the driver's door at 55mph. I was basically told by the EMTs that I could have a ruptured spleen so I went, even though I originally refused. Liability insurance. Well, 5 hours later I left, the bill is $14,700 bucks. Ridiculous! Several cat scans and x-rays, thats it. Oh, I might add, THIS WAS THE COUNTY HOSPITAL! I went there because I have no insurance. Anyhow, they say they lost my paper work to get "classified" or whatever to get JPS benefits. The CA put the collection on the CRA's today, which obviously they
  10. DV, havent heard from you in a while! Course I havent been on the board in a while either. Been at Ft. Benning, and it feels SO good to be out of that place Also, the cases are filed under Texas FCPA. I forgot to mention that. And I would even be okay with 50/50 betwene me and the attorney, but when I walk away with less than the attorney, that angers me. I dont go in saying, "this is what they did", I say something like "I believe they broke the law by blah blah,. what do you think?
  11. a little background info..I have sued 7 collection agencies, usually settling for 2500 minimum with an attorney. I have 2 more potential cases, one of which is where a CA called me after DV/C&D, no mini-miranda on "validation" papers and failure to mark as diputed. Every lawyer I call, they tell me they wont take the case because "people look down on self-proclaimed experts" ::rolleyes All because I told them straight up what laws they broke. Even DEAN MALONE, who I have used several times, will not help me. Which I HIGHLY recommend everyone stay away from..Ill explain why at the en
  12. experian is the worst!!!! I dont think they ever follow the law!
  13. I have actually thought about it. They put it on my credit report to hurt me. So I'm going to deffinatly sue to hurt them! But I hafta get a POA because I'll be at Fort Benning for 3-12 months.
  14. can you quote me, or point me the subsection on which the law says the mini miranda says its has to be there?