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Everything posted by brody445

  1. I have been getting pounded by a major JDB for a few months now - telephone calls, robo-calls, and text messages - up to 4-5 a day. They are calling for debt for that does NOT belong to me. Seriously, and I mean it, actually, truly, seriously, it is not mine - or anyone I've ever known, or am or have ever been related to. The party (debtor) they are seeking is the previous cellular phone number holder prior to me from over 10 years ago! I'm wondering if I can sue, even though I am not the debtor have absolutely no link to the debtor. I guess my concern is standing - Would the FDCPA provisions be something someone who is actually NOT the person being sought can use to seek relief? Further details follow below. I'm posting here as a previous debtor myself (who was greatly helped by this forum), I am 3 and 0 (all wins on my part - two suits brought by me, one defended - for my own personal debt from years ago...) and am not reluctant to go to court but have had better things to do. However, I've tried to be polite with the collector and am now sick of being harassed. At this point, being no stranger to a courtroom, if I can make some cash off the effort, I've decided to turn the tables and why not if viable? Details: - 09/2010 - Switched mobile/cellular telephone service providers, from one national carrier to another, and did not port my old number - I was assigned a new one when I came on board the new carrier as new customer. - ~4/2011 - About 6 months later, circa spring 2011, later began receiving very occasional calls for a party I assume to be the previous phone number subscriber. ALWAYS the same name being called for. All collection calls. Just so happens that the other party is female and I'm male. Calls were never frequent enough that I was much concerned about it, but usually would answer (wouldn't know who was calling and back then spam calls were no where near as bad as these days...) and explain that I was the new phone number holder and that I did not know the previous party and would ask for the calls to stop. They always did. - 1/2021 - In January of 2021 I started receiving *aggressive* calls from a big name JDB - sometimes as many as 4-5 a day. Direct calls, robo-calls and text messages. Tried talking to them, tried their online portal, tried opting-out using text messages, tried texting them details that I am NOT the party they are seeking. No luck. I have been keeping a log however At this point I've been called repeatedly from at least 4 states. Interestingly, when going to their online portal and entering my number to notify them that that they are incorrectly calling me - they ask me directly if I am, or are related to, or know the party who I've been receiving all the other the other calls for all these years. I *clearly* communicate I am no that party, know that party, am not related to that party, and do not know anyone who is. The only thing I will not provide is my actual name. Their online system asks for my identity - which I will not provide them as I see no need to. Aside from writing them regarding the matter, which would currently be difficult, since I do not have an account number to reference, and my name is not their debtors name, I feel I've done everything reasonable. (More importantly, I think a judge would agree) At this point, if there is a viable avenue to make some money from a lawsuit, our local filing fee is about $60 - so I'm happy to see what happens - but only if I have standing. Basically, I don't mind possibly wasting the filing fees, but I don't want to waste the time if a suit is not viable... Any thoughts or advice on resources like this forum I might be able to use to help? Thanks!
  2. Just trying to sort out a game plan here - I've got 2 collections reporting by a collection agency on *only* my EQ report, the original trade lines have fallen of all 3 reports due to expiration of SOL for reporting, and the collections are also off of Experian and TU. The issue is that my Mortgage broker cannot approve me for a mortgage with the two collections remaining on my EQ report. The unpinning TLs with the OC *are past the FCRA reporting SOL of 7 years* and I have solid documentation regarding this. Again, the original TLs from the original creditors are ALL gone, from every report, including EQ - which is still showing the collections. The collections are showing a date of first delinquency of 6 months after the real DOFD - and what they report as the DOFD is actually the date the accounts were changed off by the OC. My question is - if I have to sue the CA for removal - are they covered by the FDCA, which I understand is what sets forth the SOL for reporting for 7 years post date of first delinquency? If not, what governs their (the CA's) reporting? Is there a SOL in the FDCPA? Are CA limited to the 7 years SOL? Maybe a better question is how do I attack this? Thanks, -Calvin
  3. Hi, In preparing for my upcoming trial - I'm wondering if anyone might be able to provide each of the elements the Plaintiff would be required to prove to prevail in the their action? For example, I see standing a lot in the treads I've read here. I assume this is just one element. I would also assume that it is composed of things like plaintiff must prove they own the debt. (I have no idea this is even right) I would guess there are other things such as amount, etc. Can anyone help out with a general list? I'd like to use it as an outline to organize my defense. Thanks!
  4. I'm currently in my answer period after receiving the plaintiffs BoP - JDB attempting to collect an alleged "Chace" debt. (the J P type...) Among other things in their BoP was a 5 page Chace cardmember agreement with "2009" hand written on it. It does have Arb language in it, although I haven't had a chance to read it closely yet. (did read it enough to see that the choices are NAF and AAA) My question, is it too late to consider Arb? Anyone know whether there are any specific factors to consider in Virgin-ia? I don't want to get into the merits of their case, other than to say that I'm most concerned about venue and a fair shake from the bench. Va seems to have a number of ambiguous civil codes and virtually 0 case law clarifying it for these type situations. The code that is clear usually favors the plaintiff - almost ridiculously so... Seems like collections cases never make it out of court not of record (general district) and Va requires a "bond" (full amount of judgement) to be posted prior to an appeal to court of record. (circuit) What happens to SoL while Arb is taking place if you go that route? If I understand correctly, if Arb cannot mediate an agreement, the case is moved to federal court? What is SoL there? I just want to make sure I assess all my options. Thanks! Brody
  5. Oh, forgot one of my questions. Say that for the sake of argument everyone admits that the actual printing DID take place once account was in JDBs hands - does that matter in relation to the info contained on the statements, which is dated? -Brody
  6. This is a GREAT thread! I've been wondering the same things myself - the alleged statements seem like the most damaging form of evidence to me - although I'm just starting out (just recently sued) so have no real experience. Anyhow, one thing I came across on the web, don't recall the state, but the logic might be universal, is that to sneak in under the business record exemption, the statements have to be produced as part of "normal" business operations. This article (or post) made the point that these "facsimile" statements, presumably printed AFTER the case has already been initiated have not been produced as part of "routine" business, rather produced AFTER a legal action has commenced. The writer went onto make the point that even for a JDB, once involved in a suit, nothing is "normal" business from that point forward and records produced after the fact would not not meet the test since they weren't produced under "normal" operations. I guess the next trick would be determined exactly when they were produced and what counts as production. Logically, the "copies" could be argued to have been printed after the fact as they almost never are attached to the initial complaint - but will this convince a judge? Regardless, hy wouldn't a JDB attach them to initial pleading if they had 'em? I think we know why they don't. According to the one Resellers webpage (the company that buys direct from OC, then repackages smaller parcels for sale to the JDBs) the "media" must be purchased for between $5 to $25 per page. I'm guessing the JDBs don't want to waste a penny they don't need to - so they wait to see if the defendant shows/responds to initial complaint - then purchase the "media" if they actually have to go to trial. Interestingly, affidavits from the reseller (what are these guys officially called?) can be had for $5 each and they also claim to be able to provide affidavits from the OC also. Brody
  7. Hi LegalEagle, yes - I have been sued. This is my first go-around. I've been slowly dipping my toe into the waters around here, along with several late nights up reading through VA state code and the RoP. I've been nervous to post too much thus far as I'm concerned about identifying myself and/or tactics to the plaintiff should they be smart enough to do research of their own. Now that I at least have their BoP I'm loosening up a bit and expect to slowly ease into full disclosure. My hope in the end would be that since there is so little info on VA that my process (as in going through this) will be of help to others in the future. Right now I'm good for the most part, have a decent amount of time to get my GoD together and *think* I know pretty much what it’s going to need to say. My mind is now ranging ahead to the trial. I feel that on strict rule of what I've read on the internet, I've got an airtight case. I just have nightmares (literally) about the judge going "cowboy" and throwing it all out the window - especially given that it is not a court of record. In VA, for the losing party to appeal (to a court of record with full discovery, etc) requires posting a bond equal to the judgment amount, which isn't in the cards. I get only a single try at this. I'm really hoping to understand the laws of my State, which seem to be fairly thin, not well known and favoring of the JDB. I've come across TONS of great citations and case law from other states, but I'm not sure how much our local judge is going to be moved by it. BV80 - thanks for the help. Those are great statutes from determining the SoL for VA, which is actually one of the few things that seems to actually favor the defendant in these matters. Based on the BoP and affidavit in this case, the SoL doesn't apply this time but it was helpful to very anyhow – thank you. I think to better rephrase my initial post/question - I'm trying to figure out exactly what the JDB needs to do to prevail, so I have an outline/understanding of what I need to do. For example, I was seeking info on what constituted a "open account" figuring that if I understood what was legally required for one to exist, I'd understand what was required to prove it existed in court. So far, everything seems so vague! Maybe I'm missing something. Years ago (15+) I wanted to have a career in law enforcement and took some basic law classes at the local community college. They focused on criminal law. The one thing that stands out from the back then was that in criminal law there were always "elements" to a crime and each had to be met. I guess I'm looking for/looking to build something similar for this if that makes sense. In the end, I don’t want to just object to the JDB lawyers statements and “proof” and hope the judge goes along, rather I want to be able to explain why I object to the judge. It’s the “why” that’s eluding me right now. Thanks for the help. BTW, sorry for how long this post is and the fact that it is gumming up this thread, I would have PMed it, but I can’t PM until my post count increases. Brody
  8. Would anyone know of what might dictate what would be required to be shown as proof to win a suit on an open account? I've found some references in the Rules of Procedure that specify the following for written contracts: "When a suit is brought on a written contract, note or other instrument, the original document shall be tendered to the court for entry of judgment thereon unless the production of the original is excused by the court for good cause or by statute." But can't find anything on open accounts. Thanks, Brody
  9. In reviewing the BoP I received from the JDB attorney, I noted that the last numbered item states: "the plaintiff reserves the right to supplement their Bill of Particulars." Now, as I understand it, I have to respond/"answer" each of their number claims in my Grounds of Defense. I get that for the other number items, such as "Plaintiff claims XXX amount owed." For the one related to "the plaintiff reserves the right to supplement their Bill of Particulars" I would obviously like to block this if it is my prerogative. It seems like a cheap way for the JDB attorney to at the last minute throw something into the case that they didn't want to disclose earlier on. I realize that the statement might be boiler plate - but I see no reason to grant any quarter which could be used against me later, if a simple statement in my GoD could wipe it out. Thanks for any input, Brody
  10. I'm new to the whole situation having just recently been served and been to the return date where I requested a BoP. I've come across the info below during my research - I'm not sure if it will be a help to you or not. The first part is more for general "trivia" knowledge If you take a look at the Wikipedia page related to the "Bill of Particulars" it is interesting that the author notes that: "The bill of particulars was abolished in nearly all U.S. court systems in the 1940s and 1950s due to the widespread recognition that much of the information requested could be obtained more efficiently through the discovery process. Today, only a minority of U.S. states, like New York, Illinois and Virginia, use the bill of particulars. The closest modern equivalent, though rarely used, is the motion for a more definite statement." Frankly, I'm not sure which party is favored in VA due to the antiquated BoP process. Discovery (which looks like a great tool as I review threads in other states without BoP) is very limited in VA as (it appears) is the ability to subpoena /depose witnesses. This seems limiting to me (the defendant), but hopefully locks the JDB lawyer into rolling with what they've got and if they didn't think of it, there is no discovery request from me reminding them of what they might have forgotten they needed to prove their case... Anyhow, I found a useful PDF on VA rule 3:18[d] "What does it mean" via google. I would post the link here - but I can't until my post count is above 20 It was an article submitted to the William and Mary Review of Virginia Law and written by T. H. Spainhour. If you google it and come across the link and could post it here - it would probably be helpful to other Virginians working through these issues - it has a lot of information related to BoPs within the article. I’m still struggling to come up with my Grounds of Defense in response. I know it should contain number paragraphs “answering” each of the claims of the plaintiff – but I’m not sure if/what affirmative defenses must be raised in VA. If you are angling that the JDB has not made their case based on the evidence (or lack thereof) that they submit – is an affirmative defense still required? I'm also unsure as to the "catch all" that they tack on - the last numbered statement on my BoP is that "the plaintiff reserves the right to supplement their Bill of Particulars." Obviously, if possible, I'd like to block that right - I wonder if I can do so by objecting to it in my GoD? I plan on starting a separate thread on the issue. I've been able to find very little information online related to Virginia specifically - it is a little unnerving.
  11. I'm just starting out and working on addresses presently. I disputed 2 addresses online with Experian. Less than a day later they came back as “verified.” I called their 1-800 number and re-disputed both. One is the current address of my Ex and I've never even lived close to the location! Anyhow, they stated that both addresses were being reported by collections agencies and therefore they could not delete them – that they (EXP) was reporting “valid” information as furnished to them by collectors. The EXP phone rep stated I needed to contact the CA to have them STOP reporting the inaccurate info. In the case of the Ex's address - apparently they had me as an "authorized user" on the account. I went through the clean-up process back in 2000 and the first step back then was to delete all old addresses. I would assume things are still the same, but it seems the CRAs have gotten a lot uglier about doing this. Does anyone have any advice getting these old addresses removed? It doesn’t make sense (for a lot of reasons) to have to contact a furnisher who is reporting bad information and ask them to update. Thanks for any advice, Bobby
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