debtfighter

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About debtfighter

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    500 posts and hasn't been banned yet....

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    Kentucky
  1. The Federal Trade Commission recently studied 5,000 portfolios of debt and found 12 percent had documentation to show the JDB actually had documentation showing the actual contract between the debtor and original creditor. Without the original documentations they have no standing to sue for a debt or check your credit report. If they do have the original documentation, your out is to elect arbitration, just like the JDB uses to stop class action law suits. If they fail to produce original documentation, they violated the FDCPA and owe you. If they have the original documentation elect arbitration and take away the jurisdiction of the court.
  2. The worst thing you can do is acknowledge the debt is valid. The 25 percent will, at best, get you a 1099 for $4,000 and a fresh hit on your credit report that will last 7 years. Deny the debt completely, request validation and always require they contact you by mail in case they happen to know your phone number.
  3. Quite lengthy. I am surprised the JDB attorney did not file a MSJ first. That make me suspicious they may not have the evidence they need to pursue this debt. In Kentucky it is well established that once the Plaintiffs allege the debt, absent a legitimate material fact in dispute they are entitled to a ruling in their favor. You may want to study up on your affirmative defenses. The MTC arbitration is a final attempt to stop the court proceedings. In Kentucky the Court must review and approve any arbitration ruling before it can be enforced. You probably should have included some reference to alternative dispute/arbitration in your response to the complaint. Did you file your own discovery request?
  4. fraud n. the intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal right. A party who has lost something due to fraud is entitled to file a lawsuit for damages against the party acting fraudulently, and the damages may include punitive damages as a punishment or public example due to the malicious nature of the fraud. Source: http://dictionary.law.com/Default.aspx?selected=785
  5. Not to mention other eye witnesses, because I wasn't alone when I went there.
  6. I also have a hand written Bill of Sale when I placed the 1k down. And copies of the internet and from several different websites.
  7. BV80 your opinion I fully respect. I am not sure this case addresses my issue, but you are always on top of it. The most puzzling part to me is the internet solicitation in my State. I am not so sure that the internet itself is the over riding factor. In either case it doesn't matter. Also, what puzzles me is I cannot find through corporate search or County proprietorship a filing for Michael J Auto Sales in Cleves, Ohio.
  8. There is a big jump from law school to a Court room. You haven't produce anything viable as of yet, but an opinion.
  9. Just because that is known scam and practice does not make it legal to do so.
  10. I never lost a suit yet and I have been to Court many many times over.