JDBStick

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About JDBStick

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    Texas
  1. Reread Flyingifr's post. He has given some valuable thoughts. Did your new contract with CA1 have an arbitration clause? Probably not.
  2. After calling JDB, and mentioning order, sanctions and bar complaints, the order mysteriously was located and submitted. I hope others pay attention to the cases after they think they are dismissed. 4-0 all with prejudice.
  3. I signed a mutual dismissal with a well known low life JDB. I mailed it back regular mail, 2 months ago. The same JDB sued my wife, with same results. When asked about her dismissal, they stated they were missing one of the pages she signed. Through some type of miracle, they got 3 pages out of the envelope, but were missing one. They never notified her, and finally I had her call them. She resent them the papers and they submitted them. When I called them, they state they never got my signed dismissal acceptance letter at all. I wouldn't have known this, except I get a letter from them notifying me we have court in two days, and they would like me to pay them a settlement. It appears that this is a pattern with them. They send out dismissal, then act like they don't get them back. The consumer thinks it is settler, and the JDB can still go into court and get a default judgement. Then it is a world of mess to get it back into court and done over. We are both here in Texas. They have a serious pattern of state and federal violations, and appear to even ignore there own offers if they can get away with it. I am wondering if there are some extra violations involved here, that I might ask the judge to sanction them for? I am sure I can call them on this and get it dismissed, but I am upset that this appears to be a pattern with them. Any thoughts on handling them would be appreciated.
  4. Funny thing happened on the way to learning all of my rights. I looked back at all of my CRs, and the alleged debt they are hounding me for doesn't exist anywhere on them. Either the debt is not mine, or the original OC has some kind of big heart and just decided to remove it from my reports (LOL). I DVed, and disputed with CRAs. They verified without validating last time, so we will see what happens this time. I went to the Lions mouth this time, and included LVNV with the CA. I already have numerous violations, and figure they will just add a few more. So far, I am still willing to let them off in exchange for mutual dismissal. P.S. I want to thank BV80 and others on this and other boards for taking me from a place where I diconnected my phone and hated getting the mail, to a place where I reconnected my old number, and hope to get phone calls. I also love checking the mail now. I have been told I am "one of those people" every time I use my rights to make sure the debts are mine and owed. 3-0 so far, but I know the fight is not over yet.
  5. I am deep in the process of trying to fix some of the issues on my credit reports. What is the best way to be able to pull my reports regular. I wouldn't mind knowing my scores, but that is not as big of a deal as checking for updates. Thanks for your help. Thanks to the board and the great people on it, I am 3-0 so far.
  6. I have 3 dismissed with prejudice, and 1 (Midland) who is the last holdout. I also have 2 cases I am filing with CAs that I do not owe anything, so they should also end up in the win column ultimately. It looks like I have 1 large one down the road I will have to deal with. That one gets me a little nervous, because it will be in district court and not small claims. I owe the folks on this site and others for helping to teach me my rights.
  7. In Texas, the court does not need to be involved. You only need to send it to the JDB attorney which is probably Charles Wallace. Once they do not answer your requests, you will have to ask the court to compel them to do so. Keep on top of them, and I would bet the will ultimately dismiss. If you dved them and never got a reply, then your answer to some might include, "on ##\##\####, I requested legal validation of the alleged debt as required by the Fair Debt Collection Practices Act. As of today, no legal validation has been provided, therefore Defendant has no knowledge of the alleged debt or any relationship with XYZ bank. Defendant requires strict proof thereof." P.S. You really want to stay away from the vague and ambiguous type answers in JP Courts. The judges are elected, and many don't have a legal background they respond better to real answers. I will PM you something later.
  8. I agree with everyone. Sign it and send it back. I have 3 of these, and they have been pretty standard. If they try something, you stand a good chance of getting the original dismissal and have a good counter against them for damages on their breach of contract. Keep a copy in with everything else you save.
  9. I have seen the case law for sueing them, and if they counterclaim it is illegal. I am trying to decide if I want to "poke the bear", or just wait and count the counterclaims. I also believe that since they did not respond to the DV letter at all, they violated FCRA and the FDCPA for continued collection activity when they validated with the CRA after I disputed. And also since they did not originally mark it as disputed for almost a year after I DVed them, I believe that is probably another. Along with the fact that they continue to update the CRAs after not validating. I am sure that since it is LNVN there are lots more, I just haven't put that much thought into it yet. Since I am in Texas, these all also turn into TFC, TDCPA and TDTPA and TBC violations which can be trebled. I obviously have a great counter against them, but the ultimate goal with a larger debt is to reach a good settlement if needed (pay nothing and remove). More than anything, I would like to just get it off my CRA reports. With less tha a year left on the SOL, I just am not sure which way is the best. Thanks for the thoughts, and anymore that may come.
  10. I have two large accounts with LVNV. I am in North Texas, and I am pretty familiar with TFC, TDCPA and others. Both went delinquent in 8/08. I started DV letters when OC was trying to collect a couple of years ago. I got no response from either OC's CA. Both debts were then sold having never been validated by the CA trying to collect for the OCs. One went so far as to say they were trying, but had not been given the needed materials from the OC (TFC requirement). I immediately sent DV letters to both new CAs for LNVN. Niether responded again. I disputed with all 3 of the CRAs, and both were validated twice in the last 2 years. They are updated every month as per my credit report from all 3 CRAs. They are listed as istallment accounts with a 1 month term on EX, TR has them as factoring account and open. Some list as disputed and some don't, even though I DVed them some time ago. They deleted off of EQ. They are all over the place in terms of how they are violating the different acts. I am not sure how to handle them, but would love to cut them off before they try to sue right before the SOL expires. Any thoughts would be listened to. I have done well in the local JP courts, but have not been to county courts for a larger debt yet.
  11. What about going another route also. I would dispute with the CRAs. This gives them a chance to remove it. If they validate it, you would then have substantial damages of the FcRA, FDCPA and possibly your states laws. If they remove it, you have achieved your goal, if not you may have achieved your other goal. This is just my opinion of how I might handle it.
  12. VADebtor In your thoughts about law specified in agreement governing interest and SOL, do you have any case law that might support that thought. I agree with you, and have seen lots of differing opinion. I believes any contract with a Governing Law clause should be subject to the SOL of the OC state. Delaware and Connecticute are both 3 years, which is considerably shorter than most states. I have been trying to find any binding case law, along with state case law to be used in support of this. I reside in North Texas, and have found a little but not much.
  13. This sounds interesting also. Do you have any case law for Failure to Mitigate. I could see some OCs and JDBs waiting on a smaller debt to make it worth thier time to file suit. I have never heard anything in these forums discussing this defense.
  14. I am not sure about CA law, but have you thought about pushing it into arbitration now. They have already spent considerable money fighting you, and if you can still elect arbitration, it will cost them considerably more. If they are on the fence now, arbitration will not only push them over, it will help them realize you are on the other side with a pack of pitbulls waitig for them. Again, this depends on if you can still elect at this point in the proceedings. Some states you have to elect before you get to ttrial or file an answer. When do they allege your last payment was?
  15. If the OP is right, and this is an SOL case, Laches could pertain, but would definitely be the wrong way to go. Laches could be proven as the OP could have gotten rid of documents after the SOL had run its course. As such, they now have been damaged in thier ability to defend the case. I would never go that route if I could truely prove the SOL had run.