ArtVandelay

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ArtVandelay last won the day on July 16 2014

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About ArtVandelay

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  1. I live in a town that has 6 elected judges. Every time I have attended court over 75% of the cases involved JDBs. The majority of these are filed by a three or four of the big ones. (Encore, PRA, Cavalry, Sherman) If all JDB lawsuits ceased at least one or two of these judges would not be needed. Many of these judges stay in for life and make 180K plus benefits, including a pension. Not to mention they usually only work eight hours a day, five days a week and get a ton of paid holidays. Compare this to an attorney working in a private practice that gets paid based on results, which a lot of time is like gambling. That makes you wonder why it is so easy for JDBs to win. That is why I always stress that people speak with an experienced FDCPA attorney before doing anything. When these companies get sued in Federal Court it usually turns the tables on them. You can still win in your local courts, but most of the system is still rigged against debtors. Its kind of like your playing against another team and the officials don't get paid unless the opposition wins most of its games.
  2. I will give you my opinion, but I know nothing about the OC or the CA you are dealing with. I would just let it go and hope they don't sue. You already stated that you are beyond the 30 day period for this CA, so I don't see how this will help you. First you need to find the paperwork from the last CA. If you did settle and don't have anything in writing then you may be in trouble. Any money you paid this other CA may have reset the SOL clock.
  3. I am confused. You state you settled with another CA. What were the terms?
  4. Congratulations! Definitely write out everything and pay it forward for others in the future!
  5. Find out these things and it will be much easier to understand your situation. Some collectors operate as both CAs and JDBs while others only function as JDBs. Hopefully your account is owned by a JDB which will make your decision much easier.
  6. Do you know if the debt is still owned by the OC? You can find this out by looking on your credit report. Does it say charged off and sold to another? Does it list a current balance or is it zero? If you are not sure then what is the name of the company sending you the letters? This information will tell us more.
  7. These are people that are responsible for our data. Have your attorney do everything possible including suing them. They have no excuse for this mix up based on what you have posted.
  8. I'm guessing this is Midland or PRA!?!?! If it is this is something to speak with an experienced FDCPA attorney about. Not saying you have to hire one, but at least get a free consultation. Its very possible an issue that may mean nothing in small claims court might make them pause in federal court. Some of these "parent" companies claim to have no employees when pushed on an FDCPA claim. This is not a question you are going get resolved asking here. I repeat that you should consult an experienced FDCPA attorney. The most it will cost you is a little time. http://dockets.justia.com/search?state=wisconsin&noscat=13&cases=mostrecent&nos=890 http://dockets.justia.com/search?state=wisconsin&noscat=13&cases=mostrecent&nos=480
  9. My cases are from a different time and from a different state, but there is still not a guarantee they will show. Study up on how to question the COR in the event they do show. I had a case with a JDB that started with P and ended with A, and they didn't show. Nothing is guaranteed, but you should at least be ready for them. Don't just give up at because of one little thing. We have several CA posters here with lots of experience. Probably more than any other state. Ask questions, study and practice.
  10. What TomnTex said. Not only do we not know the name of the company, but we don't if they are a JDB or CA. An estimate of the dollar amount and when this company started handling your account would also help. I see no good reason to wake up a sleeping dog. The OC is already on your CR, which is not going to change. Without any more information its impossible for the most experience posters to offer any opinions.
  11. Congrats! Please posts as much of your fight as your feel comfortable with. Its great to know that many come here and get help from reading older threads. You will be paying it forward by just starting your own thread with some details!
  12. Everyone should read this. Things don't always work out like we hope, but sometimes you get a fair judge. Then it is up to you to stay on the topic the court is addressing and let the opposition hang themselves. Congratulations!