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WhoCares1000 last won the day on March 16

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  1. I think the issue is that you are expecting the court to investigate each party and make sure they are legit before deciding the cases. The courts cannot and should not do that. It is up to the opposing party to inform the court if there is evidence that their counterpart is not legit (either has no standing or unclean hands). Once informed, the court can decide on whether that is an issue or not. Since you did not provide an answer to the court or any affirmative defenses, the court had no choice but to assume the company and debt was legit based on pleadings alone (or if the state requires, the minimum amount of evidence to prove the debt is owed by the plaintiff). If it is a scam, it is only because about 95% - 98% of the defendants never answer their cases so the plaintiff does not have to prove standing. For the other 2% - 5%, the plaintiff can easily dismiss the case and eat the cost from the profit of the other 95% - 98%. The can then sell that debt on to a more legit business. Also, in your case, I am sure the judge would have found that the defect was curable and thus, would have dismissed w/o prejudice had you brought this up.
  2. You can file both a motion and an answer. In the answer, deny everything except your name and address and for affirmative defense, state lack of jurisdiction due to arbitration clause.
  3. Louisiana has some weird rules compared to the rest of the country so not surprised by this. Glad you posted this so that others from Louisiana might know the differences.
  4. If you read what the OP said vs what the process server said, then #4 would be the situation.
  5. Keep a watch on the case to see if they try to obtain alternative service. If they do try that and are successful, then you will have to answer. If you have to go the route of answering via alternative service, I would file a complaint about the process server with the court and whatever licensing board deals with process servers in California. Don't do it now however because that will raise suspicions.
  6. Or they have funds in a savings account that they can access because they are not paying the banks outrageous amounts of money in interest. This is the USA and you still have the right to not do business with anyone who you feel is not playing fairly and that is the way I see it. I have to conduct my affairs differently but I would rather do that than give, say Wells Fargo, another penny of my hard earned money.
  7. Before you do anything, make absolutely sure that the account is SOL. If it is, then simply send the law firm a short letter stating that you refuse to pay the debt. Nothing more, nothing less. The law firm should know if the debt is SOL and if they decide to sue, you have a FDCPA violation. If the debt is within SOL, you choices are to do a DV or do nothing. That choice is up to you.
  8. I am of the opinion that they will sue anyways regardless of whether you send the DV or not, they will sue you because the worse thing is that you are not at the address and they have to dismiss the case for lack of service. I would rather make them jump through even the low hoop.
  9. If you had paid August's payment when it was due then the first payment you missed was September's. Also, this being Capital One, arbitration is off the table. I would suggest saving up some money and if they sue you than offer a settlement. Send the DV anyways simply because it is another hoop (albeit small one) that they have to jump through before they sue you and might buy you a month or 2.
  10. For the letter: To whom it may concern, I dispute this debt and demand validation of the said debt. Sincerely, JustMyLuck724
  11. First off, if you made a full payment in Aug 2016, the the DOFD would be sometime in September 2016. Plus, this being only the 2nd of April. I would go on a safer limb and state that you have 6 months before the SOL runs out, not 4. In any case, if this is the first time you heard from PRA, then prepare a validation letter (1 sentence is all you need) and send that to PRA CMRRR Green Card on about the 21st day after receiving this letter. That could buy you a couple of months off the clock. The next question is, who is the original creditor? If the OC is a bank with an arbitration clause in their agreement, you should immediately study up on that while waiting for their reply to you validation letter and they file in court. If you can get the court to compel arbitration, PRA will run for the hills because it will cost them $5000 to collect a $1800 debt that they paid about $100 - $150 for. It is way too early to discuss settlement now, especially if you will have to make payments rather than settle in a lump sum. Take what you think you will pay them monthly and put those funds aside. This way, you can offer a decent settlement if they do sue you and you don't want to be bothered with going through the motions.
  12. And the funny thing is, when it comes to employers, even credit reports screw that up so they probably have no clue where the person they are calling works (let alone those like myself who work from home and the employer is no where near where I live, not even in the same state let alone the same county).
  13. Did you actually talk to these people or have them been leaving messages on your (and your mother's) voicemail? If you talked to them, they might think they have you on the hook. If not, they are hoping to scare you into calling. Either way, they will stop eventually when they realize you are not a target. BTW, if you mother talked to them, that might be why they are still trying.
  14. First off, this is a OC if truly from B of A so they are not bound by the FDCPA. That said, if the debt is really outside of SOL (you need to check to make sure New York uses the statute borrowing rules), then you can send a C&D but you might be better off just to ignore the email. As far as you are concerned, you never received it.
  15. Probably a rouge employee from a reputable JDB (I know, that is an oxymoron) who steals the list and sells it on.