Dr. Evil

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Dr. Evil last won the day on January 19 2011

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About Dr. Evil

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  1. Prescient advice given the following: From Insidearm.com Death to Foti? Supreme Court to Hear FDCPA Case on Awarding Costs to Defendants Email Print Comments RSS 18 inShare Patrick Lunsford May 30, 2012 3 Responses The U.S. Supreme Court Tuesday said that it would hear a case where a debt collection agency was awarded costs after prevailing in an FDCPA case. The Court will consider whether a defendant in an FDCPA case is entitled to costs should they win the case, even if the case was not initially brought by the plaintiff in bad faith or for the purposes of harassment.
  2. What if the statute of limitations on the debt is several years but the letter receipient only has one year to sue on the fdcpa "violation". Wouldn't it be an absolute defense to the attorneys that as long as the sol hasn't run, they can sue at anytime since no time frame was mentioned in the letter? Also, could you please explain how to over come a possible defense that the letter did not say they will sue, but are authorized to. What if they decide that for what ever reason they don't want to sue? Do you have any case law where this violation was litigated in favor of the consumer?
  3. Only the fraudulent and illegal suggestions you made. The rest was good clean fun.
  4. "i dispute this debt and request validation". That sample letter is ridiculous and should be removed from the site.
  5. Their response is 100% valid and is their form letter that they use in response to your form letter.
  6. Wow, allergic to novocaine and paying bills!
  7. You can't dismiss a motion that hasn't been filed yet. Summary judgment is the plaintiff telling the court based on the proof before it, there are no conceivable issues of fact, no trial is necessary and they are entitled to judgment.
  8. I was just trying to make the subtle point that you do yourself a disservice when you blindly take something off the internet and actually send it to someone you have done business with. Whoever originally wrote that letter should be flogged and I hope it isn't somewhere on this site. It sounds great to consumers but has no basis in law or fact. OP sorry you were offended.
  9. Did you tell them it was an attempt to correct their records and any information would be used for that purpose?
  10. flying, these two softballs are right up your alley. No suggestions?
  11. This is absolutely incorrect. The claims period insulates the fiduciary from liability for his or her actions in distributing the estate. There is nothing that prevents the creditor from pursuing beneficiaries for the shares they received--and this would include the fiduciary. There may be other defenses such as the statute of limitations but failing to file a claim is not a complete bar to collecting. Flying--this tidbit of misinformation isn't in your book is it?