Dr. Juris

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  1. A certain collection agency that will go nameless - but has a ton of money - for some reason, let me default them. I didn't dick around in small claims but went straight to County Court at Law. I sent out a big batch of discovery to them, and for some reason, they ignored that, too. I got $72,000.00 for violations of the FCRA (72 violations X 1,000.00) and $27,500 for libel. I'm just going to sit on this judgment until their appeal options diminish. After all, I accrue $27.00 a day in interest on it. An appeal will certainly be interesting, as I had 144 admissions deemed admitted, and they pretty much screw the collection agency in every possible way. I'll keep everyone posted as to when / how much I collect, and if I get even half, there will be plenty of beer buying for all - this place educated me and inspired me to fight back. I also think you're the kind of audience who would appreciate my web site - www.corpreform.com.
  2. If I'm understanding you correctly, you've never been served in a lawsuit filed against you? Generally, a Plaintiff needs to show proof of service, be it through a process server, certified mail, or in some states, they allow service through publication and/or public display.
  3. They're not licensed in my state, but they haven't actually sent me anything in a LONG time - it's just still on my credit report. I filed my suit last week, and they should be getting served in the next day or so. I'm hoping they're stupid enough to either countersue, or to send a collection letter. I'll let everyone know how it turns out.
  4. If the CA has racked up ten violations, what would prevent you from filing ten suits and then a motion to consolidate? Other than the court costs?
  5. You could be a real a$$, and just go with "none". Or, you could try, "The card in question has never had a zero balance."
  6. I've read that creditors use magnetic tapes to update credit reports. Do all creditors do this? The creditor I'm concerned about uses software from Columbia Ultimate Business Systems, and I believe that software is what they use to report to the CRA's. My next question then, is this: Do creditors have to update every month for an item to stay on your credit report, or does it stay on a credit report until a creditor deletes it?
  7. A friend of mine recently settled a $24,000 debt with the IRS for $1,500. It all depends on how much money the person makes; that determines what the IRS figures is reasonable. Quick tip - Don't hire Ronnie Deutch, the TV lawyer who offers to settle IRS debts for $20.00
  8. So, I disputed a debt with PHS and asked for validation. They sent me the contract, and it doesn't have my name or signature on it, yet they refuse to delete. Anyone else have any experience with these guys? I'm getting ready to sue, of course, and am curious if I'll be the first here to deal with them.
  9. I don't know how things are in your neck of the woods, but I've seen that small claims court judges generally don't want to earn their salary, and that if a nonlawyer disagrees with a lawyer, the judge will side with the lawyer. That's in Abilene, Texas. Hopefully things are better where you are. But, if you're really planning on going to court, I'd suggest reviewing the rules of the court, if there are any. A friend of mine had an "airtight case" against a body shop who didn't do the job right or on time, but got his a$$ handed to him in court because he wasn't able to get any of his evidence admitted, and the body shop did.
  10. CapOne charged off an account of mine well over a year ago, but they keep adding fees on the account every month. Does this qualify as reaging?
  11. They have something even worse - ChexSystems. If you're in this, no bank will open an account for you.
  12. Just thinking about additional validation games, and I was thinking, why not dispute whether the debt was actually charged off by the creditors, and request validation that it in fact was charged off? I'm guessing it would be a pain for some of the OC's to provide documentation of that. Anyone try it?
  13. Actually, it probably is mail fraud: Offense of mail fraud has two basic elements: (1) having devised or intending to devise a scheme to defraud or to perform specified fraudulent acts, and (2) use of the mail for the purpose of executing, or attempting to execute, the scheme or specified fraudulent acts. 18 U.S.C.A. ยง 1341. Whether or not you'd actually be prosecuted for doing so, I'm not sure. But it's probably not worth the risk, since you could get five years. Especially since it's not impossible to get your way without breaking the law. You can't even circumvent it be using UPS or FedEx - they're covered, too. Here's the whole statute below. "Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than five years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both."
  14. 2002TJ, Any chance of vicarious liability through agency, ostensible agency, or respondeat superior? I haven't seen any cases with those theories....
  15. I don't think anyone here is going to think you're an evil person if you defraud the CRA's. But the point was made that if you brag about it, the CRA's will take notice, and you'll screw it up for everyone else. Besides, who knows what kind of flag might get set in their systems if they find out you did this.