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fightemdontfold last won the day on July 19 2011

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  1. As someone who was sued by them twice (over the same alleged debt, both were dismissed after sitting for a year after answer) and who is still autodialed by them every once in a while I find this positively hilarious - and just. They will probably be burning the midnight oil to make certain this gets in front of a judge who will drastically drop the amount they have to pay. Guess it is safe to say juries are not kind to the neighborhood JDB now are they? Would love to see it stick and see these scum suckers go the way of Midland Funding - out of business. Many may not be aware, Portfolio is actually a publically traded company on the NYSE. Wonder if their stock price is due for a big plummet on this news?
  2. Well have yet to hear back from the scum suckers, not ready to celebrate as of yet but I figure if they had a chance in hell of being in receipt of documentation needed to prove their claim they would have validated the debt by now, they have sent me nothing. Maybe the additional short letter I sent with the DV notifying them that a "friend" of mine had dealt with companies like theirs in the past and was willing to help me should they act might play a role in whether or not they bother suing me. We'll see if another month roles by with no action, I won't be able to help celebrating then. I would say DV'ing is definitely worth doing.
  3. To the OP. I was sued by Lloyd McDaniel as well, however it was not Calvary they were working with in my case, it was another JDB. In my case the idiots did send me discovery, a whole bunch of interrogatories and other discovery that would probably leave those with little knowledge of how to fight very intimidated. However it was all questions that had to do with stuff they should have been well aware of if they could prove their case, they were trying to fool me into making their case for them. With help from this site and elsewhere I was able to properly answer their discovery and even sent them discovery of my own. Had to attend a couple hearings in court to get them to comply, their answers were all evasive in some places, promised to deliver the requested proof in other places. They never did, the case sat dormant for a year and it was dismissed. They have a number of complaints online as well, don't make their case for them or admit to anything, learn how to answer discovery properly and soon enough they will probably abandon the effort. I hope you haven't agreed to pay them, it probably is not necessary. If you are in the northern part of the State I might be willing to help, I still have all the paperwork I filed way back when, it was a few years ago when all this went down. They were the only one of the three suits filed against me that went to the trouble of sending discovery so they may do that.
  4. During the course of my research for my cases years ago I was pointed to a law that has been on the books in Kentucky since 1942, I believe it was someone on this site who pointed it out to me. There was debate over whether or not it would stand up against a JDB but it was one of many useful weapons/arguments I managed to compile. K.R.S, 371.050 states as follows : "Assignee to aver consideration - Amount recoverable. In any action or assignment of a writing, the consideration for the assignment shall be averred. The plaintiff shall recover no more than the consideration actually paid by him for the note or assignment. Effective October 1, 1942" None of the cases filed against me ever saw a courtroom but reading this law makes it appear to me that a JDB can only recover what they paid for the alleged debt. As many know, that is often a very small fraction, pennies on the dollar, of what they are seeking and they very often don't have an individual bill of sale.
  5. You seem to be worried about being sued by Portfolio. If this is a worst case scenario in your mind then you should consider the fact that the people suing you, Portfolio Recovery, is probably the bottom of the bottom feeders of all JDB's. They win a lot of cases when they file suit, but they almost are always default judgments, people don't answer their lawsuit. I was sued twice by them, both ended up being dismissed after 1 year of no action on their part after my answer. Want to know the real funny part, the idiots had two suits on file with the court over the same alleged debt, they weren't able to keep things in order enough to know they had a suit on file before they filed anther one. They did not even send me discovery during the course of this entire thing. So unless things have changed with them, doubtful, the worst case scenario for you is that you may have to invest some time and effort into learning how to file a proper answer, affirmative defenses, and how to answer and prepare discovery of your own if it makes it to that stage. Overall though this should not cause you to lose sleep at this stage, Portfolio is usually only interested in an easy win through default. Don't pay them, don't admit to anything, answer a suit if it is filed against you, that may well be all the insight you end up needing.
  6. Been years since I have posted on the site but I have With the help of this site and other online aids I have managed to emerge unscathed after being sued 3 separate times, although I am counting one where I was sued by Portfolio for the same alleged debt, at the same time, they had two suits over the same debt at the same time. Very organized those Portfolio creeps. Anyway those two and a separate case was dismissed after it sat for a year with no action taken after my anwser. Also may have prevented another suit by DV'ing another JDB after that, never got a response from that one, that was over 2 years ago. I got a letter today from an outfit called Dynia and Associates, they are not the listed "current creditor", that would be Capital Financial Credit. The latter has one of those company names that makes it hard to get information through a Google search, seems like many of these bottom feeder JDB's seem to like doing that, naming their company in a way where their name brings up a bunch of general terms in a search. Anyway, they are contacting me over a alleged account with Citibank. The amount they seek is over 10K, if it were not for my past successes I would be very worried, the little bit I have learned about Dynia leads me to believe they are not much unlike the other bottom feeders I have dealt with in the past, they just look for the defaults and rarely if ever can prove anything in court. Perhaps others could confirm or deny this, I do know they have been sued over two dozen times for violations of the collection laws. I am not sure if this is a sign they may be even more of a joke or if some rules and regulations have changed, but the letter does not even supply or provide an account number, just 11 "X"'s for the alleged account. They have their own account number, that with the name of Citibank, Capital Financial, and the hefty sum they are trying to collect is all they provide, of course along with the typical stuff about their trying to collect a debt, 30 days to reply,etc. In my past experience the alleged account number is usually included, like I said I am not sure if some new rules are in play or if they lack even that basic information. I have read they are really bad when it comes to phone harassment but I have received no calls as of yet. I read on another site that as of August of 2014 that banks are now required to supply more information when they sell defaulted debt to JBD's. I am hoping and assuming that this is not something that is retroactive, this alleged account would have been defaulted on back in 2006 I believe. I am going to go ahead and DV them and see what happens, I have templates that have been successful at the ready should they sue, answers, discovery, etc. Anyone with any experience with Capital Financial Credit can chime in too with their experience. I think they are in Georgia, with the Dynia people being in Illinois.
  7. Hopefully the OP did not carry through with any payments to Dynia, just do a search on the site here, the "law firm" is a garden variety bottom feeder JDB that can never prove anything and will usually run off at the first hint the person they are pursuing is not going to lay down for them.
  8. Well I know it doesn't mean it couldn't happen next month or next year even I suppose, but just as an update, I never recieved anything back from the lawyers who I sent off the DV letter to and have not had a suit filed (I check the court site weekly) so who knows maybe they decided to go after easier game. Especially with the alleged debt being only $800 they would stand to lose a signficant chunk on what they know now might not be your average default. I am sure they thought it would be an easy default when they sent it to the lawyers as I never once responded to their letters and they never have once called me. Hopefully I am in the clear.
  9. Well according to this report it is none other than NCO Financial. Note that the link below is a complaint by a consumer claiming they have ripped them off for over $400 dollars and also put them at risk of having their electricity shut off. Whomever hired on these creeps to collect from the public, give information about citizens to these people, should be promptly fired, all that is needed to check these people out is a simple google search. What a joke if this claim is true, bad enough these creeps clog up the court system with cases they have no proof to win, but now some of our hopeless public officals are letting them do this, I doubt this is just exclusive to Arizona. I left a comment on there as jdbbasher.
  10. I'd say it is time the lady who runs this site, I think her name is Kristy (might be wrong on that) gets a radio show and helps to right the bad advice given out by people like Dave Ramsey on the topic of JDB's and debt collectors. Just my opinion, there is a huge market out there for correct advice and information on the subjects, especially 3rd party collectors.
  11. Actually the caller tonight was saying he didn't know, and then he said he did recall having a Chase card (that was who was on the suit, a JDB trying to collect on the card most likely). The thing is the guy said the company had a judgement and the guy said he had never been served any papers, he knew his rights there. Ramsey responds by saying they can get a judgement without him being served. Total BS. Now I have heard that sometimes a judge will grant a judgment after a certain amount of time has passed with service being attempted, but then a judgement can be vacated with some work - bottom line is to get a air tight judgment the defendant has to be served and given the chance to step in front of a judge. I mean relative to the caller tonight, why would the JDB be calling if they really had a judgment? They are probably just scaring him into paying them. He actually advised the caller tonight to possibly sue the company contacting him in order to get more information about the debt, this was when he admitted they probably had no more than a couple lines on a piece of paper. I have never heard of suing for information, I mean WTH?? He even admites to knowing the company bought the debt for pennies on the dollar. I mean why advise someone to pay when you are at the same time sayign they have little evidence of the debt. Horrible. And tons of people listen to this guy. I have actually heard the guy Ramsey in the past tell a person that they were "lucky" to be getting such a generous settlement offer, we all know the JDB's will offer settlements then sell them off or sue after getting some money from the debtor. He did advise to get the settlement in writing, but that is still bad news for a debtor. Only a settlement settled in court would be assurance that the JDB would not sell the debt or sue, bottom line the callers and listeners are going to be subject to future calls and collections because of this bad advice. He never instructed the caller to get anything in writing specifiying the debt was settled, just that the payment was made, at least in the calls I have listened to. Odds are the debt is sold again or worse they sue with that payment in their back pocket to get the entire amount awarded to them in court. Would love to hear a caller call-in and tell him what crappy advice he is giving to people.
  12. Listen to the first hour of this guy's show while at work and have been very disappointed that this supposed "financial expert" is very poorly informed relative to JDB's and is giving his callers bad advice as a result. Would be interested in knowing if others who listen to his show has observed the same thing? He seems to always advise that the alleged debtor should try to settle with the JDB. Today when listening he even admitted the company probably has little information about the debt, the caller was claiming he knew little about the debt and was telling Ramsey this. He does advise people to get proof of the settlement in writing before paying them and he also advises against giving the JDB any access to your checking account, but he never advises people to simply ignore the calls and fight them in court. He never has advised about debt validation either. He gives his listeners the impression that they are liable to pay the debt even though they probably aren't, all the callers I have listened to who get the bad advice sound like htey are being contacted by a JDB. What horrible advice this guy gives, it would be nice if someone could school him on the fact that he is giving improper advice and advice him on what he should be advising his listeners. I wanted to call in but his show is taped where I am.
  13. Well after waiting for over a month, and after 3 phone calls over the past few weeks, I finally got the dismissal notice today. The suit was dismissed WITHOUT prejudice. Yeah, pretty surprised and disappointed to say the least.
  14. I wouldn't worry and just send them along to the plaintiff. In one of my cases, the plaintiff did not respond in time to my discovery requests. I then had to file for a motion to compel, they were then given an additional 20 to 30 days. They finally sent them back to me on the last day of the deadline. Unless you run into a judge that is biased in favor of the JDB's I doubt they would sanction you if you sent it along to them a couple days late, just make sure you are not late to respond to court motions or hearings. Again in my case the plaintiff was late in responding and it didn't ruin their case, so hopefully it works both ways.
  15. As someone who has been targeted by, but who also beat Portfolio in court twice (well sorta "in court" ,they never took action past me filing the anwser,lol) I congratulate you. Way to go!!!! Now do like I did if they are still phoning you every once in a while or all the time, they called me up 3 days after i got the thing dismissed with prejudice (not official yet but the judge submitted it to be with) and I anwsered (which I never do) and after they went through their opening speal I asked them "will you sue me if I don't pay you for this alleged debt". I get "well that is an option but we are trying to resolve this by other means" to which I replied, "well you may not be aware but you have already sued me and yesterday I got the case dismissed with prejudice which means you cannot sue me again". She hastily told me they would not be calling again and hung up, haven't got a call since but I am not holding my breath that they are through calling. Treat them like the jokes they are, especially after you have showed them you are no easy default case.