orakle

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About orakle

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    California
  1. RuleofLawUSA, send me a private message if you like. I have experience with situations where a debt collector removes the case to federal court.
  2. orakle

    Suing CA

    Ryan, what are the FDCPA violations on the phone call you've recorded? I'd say you've got a 50% chance of settling without a lawsuit if you send them a properly worded letter. But often a CA won't take you seriously unless you either actually follow through and sue, and/or hire an attorney to send a demand letter for you. Send me a private message want to talk more -- I am in TX.
  3. I'd file a motion to dismiss for lack of evidence.
  4. It's always a good sign for a pro se litigant if the judge elects to take the matter under advisement and issue a ruling after trial.
  5. Is the JDB even the real party in interest? I bet they don't even have standing to bring the lawsuit against you.
  6. I would also send the law firm a letter stating you revoke any express consent for them to call your cell phone. If they call your cell again after receiving that letter, it's a TCPA violation.
  7. Trying collect more than the actual balance due (i.e. adding collection fees, interest, etc.) is prohibited unless authorized by the collection agreement. I highly doubt this law firm has the paper trail to prove any such thing. So, you've got an FDCPA violation as ammunition.
  8. I've had a sheriff go out to a collection agency with a writ of execution on a judgment the CA refused to pay. He walked out with a check.
  9. stay away from arbitration. it is inevitably rigged against consumers.
  10. Hanna falsifies almost every affidavit they file in court. The person whose signature appears on the affidavit has either not signed it, or has but has never seen the documentation attached to the affidavit. always attack these.