debtfighter

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Everything posted by debtfighter

  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 arbi
  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 refe
  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.
  11. Nascar, thanks for the response. Clydesmom, you couldn't be more wrong. The contract only over rides a verbal agreement absent mistake or fraud. The police themselves all the time allow a person to incriminate themselves or commit a crime before arrest. That was the purpose of the video. I recorded the scam. This isn't about money but, it is about fraudulent business practices. False, deceptive and misleading with the intent to defraud. The real question is one of personal jurisdiction. I think I can sue them in my State since they regularly advertise her and the majority of the trans
  12. Within the last month I went to used car dealer in a neighboring State. I wanted to purchase a used car for my 16 year old son. My wife picked one out, the salseman agreed to sell it to us for $1,000 down. Several days pass and he claims they are still getting the car ready. Then he calls me and says the owner sold it for cash. Made me mad, but he did have another car almost identical that I liked better. So I agreed to buy it instead. Turned out, it had a computer problem that could only be fixed by the dealer. I went back to get me $1,000 down payment back. They had another very n
  13. Good read thanks for the post. I think people overlook they can challenge the method of the record keeping process as accurate and trustworthy. It is a big hill for a JDB to climb, unless it is not properly challeneged and in most cases is not. It is easy to say, "they have the account statement, they got me." But they must prove that account statement to be accurate, if challenged.
  14. Any document midland has now falls under the business records admissabiility and midland cannot themselves testify to its authenticity.
  15. Here is a good interrogatory question, "How many times has Citibanks computers been hacked/compromised in the last 3 years?" If any, how many accounts did it effect? If any, please identify if this alleged account was effected, provide the date and time? If Citibank has had their computer recording keeping compromised by a hacker in the past 3 years please provide the name, position and/or peronnel of the employee responsible for maintaining the security and integrety of Citibank's computer system. If you answer unknown, or do not have the aforementioned information available to you as an as
  16. You ask earlier what to ask for in discovery, since it seems they have all they need to prove the debt. Really! No, I have said it many times in the past, be careful for what you ask for because you may not like what you get. In saying that, you have a right to request the personnel file of the affiant, any person that has signed or notorized any document they are attempting to introduce as proof of their assingment. Along with production of documents, interrogatories, a request for a depostion can be made on anyone that has put their name on a paper that may be relevant to this case. Ba
  17. This statement alone means nothing. They have to provide a custodian of record that show the transfer/sale of the account from citi to midland with your name, account number, amount owed and the date of the transaction to just prove they may have standing to bring suit upon you. There are many other angles of attack beyond this point. But first and foremost, their authority to bring suit must be established. From what I am reading in this thread they are required by RCP to file that at the time of the complaint. Shout out - Good work BMC100
  18. They are redacting your personal information and notifying the court of their action. This is because filings are a matter of public record and they are attempting to protect your privacy.
  19. I sold on ebay for over 10 years. Gold level powerseller. Then the changes came. Will not go into the nightmare in detail, but I hate ebay. Would never buy anything from there. It is a crooked site full off scams and a run by a company that is so corrupt and forgot the sellers who made them. Good Luck bringing them down.