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Avenger against scumbags

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    houston, texas

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  1. Ok, so, back story: Credigy sued me for a debt that charged off from Discover Card back in december of 2000. They couldn't prove what they said, so they dropped the case. They were due to drop off sometime next year. I attempt to refinance my mortgage, and I see they are reporting twice on my bureaus. So I call up the bureau and they tell me that it will drop of in 2012!!!!!!!! I said that the debt was charged off in 2000, and that there is NO WAY that it should go through 2012! The snippy lady on the phone said "They don't have to give us any proof of what they say. But, they have verified what they say. And, I don't have to give you what they sent." Can you believe that!?!?!?!!? Any suggestions?
  2. i agree. although i would use something a bit more colorful than "pound sand" when dealing with credigy! ha! you settled. done. send proof of payment to the credit bureaus. plus, since it was settled, if you have a settlement letter, send it to them, telling them to "&*%$ off".
  3. man, that judge sucks. But, Credigy is being a lot more "nasty" with you than they were with me. They flat gave up after my MSJ, but, maybe they think they can nail you. the lawyer they used here locally was Riecke Baumann, and he is known for not being very smart. keep us updated!
  4. they need to let the court know who is now the representative lawyer int he case. tell the judge that the local counsel is not the one who is now their attorney by "of counsel". Let the judge know that Karen is no longer associated with Credigy.
  5. woohoo!!! i would call the clerk to confirm. But, they could still come back and re-sue you. if they haven't pursued it so far, they most likely won't.
  6. yeah, just do what ADMIN says. They don't have anything else to go with. What was your counter-claim based on? Oh, and they ARE debt collectors, since they are attempting to collect a debt. Now, if they are attempting to collect on an active account that has not been sold or transfered by the OC (applied card bank) then you have no defense with FDCPA. However, if they sold the account to a JDB, then yeah, you have defense. But the OC doesn't have to abide by the FDCPA since they are the ones who gave you the money, so they can't be debt collectors if they gave you the money. Now, if ABC Collections was harrasing you, and telling you lies about what they could do to you, or threatening you with harm, then they could be held accountable by FDCPA. But the OC can hire attorneys, and can sue you. They can't do anything illegal, like threaten you, but they can call you over and over again. Most OC's wont' step outside the boundaries of the FDCPA though, for PR reasons. But, they aren't held to them. Does any of that make sense?
  7. wow, they won't give up! I was able to get Credigy to drop their case by filing motions after motions, making their rent-a-lawyer keep coming to court. You have a good case due to a) lack of evidence time for lawsuit (ie lack of prosecution) so use those, as well as c) beyond SOL. They have to prove chain of ownership from the OC to First Select, to them, which they CAN'T do. So, just keep plugging. Do a search on the internet for your order, and dig thru the webpages until you find what you are looking for.
  8. do "discovery" on them, asking for proof of all their charges. What items do they use as evidence? Can you call your bank for a copy of the check? They have to keep those for 7 years. Also, what is the statute of limitations in your state? If you have the last payment as more than the SOL allows, you can have the case dismissed on that account. Try to answer the questions on the sticky "Before you post" so we can get a better idea of what is going on. Oh, and I believe that credit reports ARE evidence, but you may need a lawyer to qoute that. IF there are no other lawyers around here that can answer your questions, you could try some at www.naca.net of which I had success here in Texas. Some here on the board don't like those guys, but you asked for a lawyer, so here are some laywers.
  9. wow, in Texas, the respondant to summary judgement doesn't have to marshall ANY proof, just a "scintilla of doubt" as to whether there is any material fact. GA sucks.
  10. yeah, just follow the letter of the law, keep all your evidence. and you can always appeal the case if you need to. Have you filed discovery yet? I can provide you a copy of this, or you can check my other postings. Admin, would you like me to start a sticky thread of my texas documents for beating Credigy? Also, once you have allowed 30 days for discovery, file that No Evidence motion (credigy NEVER has any records) and set a hearing date at least 21 days away from the time the other side receives it (give em 30 to be safe). What judge did you have? Anyways, just follow civil procedure, and like everyone else says DON"T ARGUE WITH THE JUDGE!!!
  11. wow. are you in houston or dallas or somewhere else? in texas, file the "Defendants No Evidence Motion for Summary Judgment" assuming you have allowed 30 days for discovery. That is what got Stewart and Asses to drop their case against me.
  12. do a motion to compel discovery, asking for proof of payment, ie cancelled check or something showing your name and account number, with bank stamps on the back showing it going thru your bank.
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