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Everything posted by FloridaGator2

  1. If I ever have to go through this again I will definitely have to make my affirmative defenses more specific. I think there would be some defenses I used that I would remove and add other ones. AS A FIRST AFFIRMATIVE DEFENSE: Plantiff has not has not completed conditions precedent to filing this lawsuit. Plaintiff did not complete the conditions precedent to filing this lawsuit as it did not meet the requirements of Florida Statute section 559.715 when it did not notify defendant of the transfer of the alleged debt via “written notice of such assignment within 30 days after the assignment.”
  2. Well temporarily, JDB did not call in for the hearing and the Judge Denied Plantiff's motion for summary judgment and dismissed the case without prejudice. I didn't even have to say a word and I never even filed an opposition to the Plantiff's summary judgment. I had solely just shown up to ask the judge for an extension because I was never notified of the hearing by mail. While waiting for the judge was looking at the affirmative defenses that I had drafted over 8 months ago with this puzzled look on his face. He asked me if I worked with a lawyer previously or if I had practiced law in th
  3. I was served a summons 8 months ago. I answered within 20 days with my affirmative defenses. After that nothing happened for 8 months until last night I found out I have a hearing today and that the Plaintiff filed for a notice of filing and a motion for summary judgment. I did not receive anything from the Plaintiff or a notice of the hearing.
  4. So I just happened to check the clerk of court website after nothing has happened for almost 8 months after I was served my summons (which I answered within 20 days) and lo and behold I have a hearing set for tomorrow at 3:30 and a motion for summary judgment was filed. What the heck do I do now? I am totally unprepared.
  5. So I just happened to check the clerk of court website after nothing has happened for almost 8 months and lo and behold I have a hearing set for tomorrow at 3:30 and a motion for summary judgment was filed. What the heck do I do now? I am totally unprepared.
  6. Just wanted to give you guys a good success story regarding troubles I was having with Transunion customer service reps refusing to work with me, being rude in general and refusing to correct inaccurate information on my credit report so what I did was file a complaint with BBB against TransUnion. As soon as Transunion received my complaint from BBB they complied with my request. Not only that but now I get place into a special priority handling dept. So every time I call Transunion to dispute or check on the status of a dispute I get routed from the call center (which sounds like it's in In
  7. This one is from last year but this lady definitely scored!! Midland Funding vs Crystal Snow "the jury hearing the case awarded her $8.1 million -- $250 for actual damages, $100,000 for mental anguish and $8 million in punitive damages" http://www.zimbio.com/Robert+Paisola/articles/fDQGNkvcelx/Woman+Crystal+Snow+Sues+Midland+Funding+LLC
  8. You'll have to do a Cash out refinance in order to pay those off and you'll need to have enough equity in the house in order to be able to do that.
  9. Yes, it applies. They will try and get you to admit to the debt/settle at mediation. Unless they have compelling evidence (Signed credit card agreement) I would not settle and demand a jury trial. JDB does not have to reveal anything to you.
  10. Some tips for Florida: 1. File an answer 2. Show up for Court 3. Don’t act like an attorney or use words that make you appear like one. 4. Do not admit the debt is yours (I HAVE NO RECOLLECTION) is all you need to say. 5. File a “Motion to Strike” if no/compelling evidence is provided in the initial pleading by the Plaintiff against you. 6. If the “Motion to Strike” is granted … You’re done! 7. If not … Demand a Jury Trial and ask the Judge to set the jury trial with sufficient time for Discovery. The Judge may ask how many witnesses you plan to call … if so respond that until your Discovery
  11. I've been fighting with them to properly validate a debt they put on my credit report. No luck so far and I have had no luck getting it removed by disputing with the CRA's.
  12. Anyone use a Non Disclosure agreement when settling a debt? If so anyone have any sample agreements with some teeth?
  13. Already disputed with CRA's several times with no luck getting removed. Sent DV to CA and a follow up second request. Never received anything back from them. They already racked up a few FDCPA violations. Should I send a final ITS letter and then sue? Or should I proceed with the lawsuit now?
  14. Actually I just answered my own question. Reporting debt to a credit bureau is considered collection activity. Thus, the debt cannot be reported until verification is provided. Cass, FTC Informal Staff Letter (Dec. 23, 1997) (reporting to a credit bureau is “collection activity” that must cease until verification is provided).
  15. The only thing PRA sent back was another letter trying to collect. Does that fact that they are still reporting the collection to the credit report constitute collection activity?
  16. Basically I sent in a complaint to BBB that PRA has not validated my debt and they are reporting inaccurate information on my credit report. Here is how they responded: Portfolio Recovery Associates has fulfilled its obligations as a debt purchaser to the consumer under the Fair Debt Collection Practices Act. It is our understanding that "verification is only intended to 'eliminate the . . . problem of debt collectors dunning the wrong person or attempting to collect debts which the consumer has already paid," and "involves nothing more than the debt collector confirming in writing that the am
  17. Anyone in Florida know if I should just wait until I hear from the court or should I file any motions?
  18. Don't think that would work with Portfolio, they are a huge company. I need a middle manager to send the letter to.
  19. Try and negotiate a pay for delete. Send them a sample letter like this: Once the collection is removed from your credit it will not lower your credit score. Name of Collection Agency Address of collection agency Re: Collection Account for Original Creditor Account Number Amount: $50.00 Dear Sir or Madam, This is for your information that I am disputing validity of the debt referred to above. I am not aware of the account number and you have not informed me of the existence of this account. I am willing to pay this account IN FULL (or a settlement percentage, whichever is feasible) if you ag
  20. Have you tried disputing with the CRA's and sending them proof that the bill was paid in full? If you've already done that I would also start your complaints to the BBB, FTC, and the Attorney General in the state where the collection company does business.
  21. Anyone else run into this? I agreed to settle with them on the account but won't settle unless they do a PFD. Customer service lady stated that their company will not do that and they will only update the account to show Paid in Full on the credit report. Should I just try calling again and see if I get someone different who will agree to a PFD?