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Everything posted by ArtVandelay

  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.
  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!
  13. JUDGE: The evidence must be admissible, right? Under some rule, some evidence rule, so…the documents need to be authenticated. You can’t just attach a bunch of billings if there is no one to say these are accurate. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- JDB’S ATTORNEY: Yeah, I mean, lots of courts across the state are not requiring… Out of everything the attorney said this is what pushed the judge to the edge. Its kind of like telling your parents that everyone else's parents let them do something. JUDGE: I’m granting the motion to dismiss Congratulations on getting this far! It doesn't always work out this way, but you proved what can happen when you don't give up. You had two things going for you. One was a fair judge that followed the rules of the law, and the other was an attorney that was in way over his/her head. You can tell the attorney was used to everyone rubber stamping everything. An experienced and competent attorney would have dropped this before getting so embarrassed. You did a great job by staying on the topic that needed to be addressed instead getting into other areas that were not relevant. Congratulations!!!!!!
  14. Awesome job! Even in the WIld, Wild West justice still prevails! Congratulations!
  16. You need to collect all of the letters you have received on this account from all JDBs including the OC. Figure the amount of interest charged from one point to the next. Then take the amount the OC charged off and compare it to the amount Cavalry is claiming you owe. Because of the large amount I would strongly suggest you speak with an experienced FDCPA attorney. When I say experienced I mean one with a lot of filed cases in your area. I don't know Cavalry's current tactics and how they operate in California. I do know in the past that they were charging interest beyond my state's legal limit and without written permission from the OC. My state's maximum is 10% and they were charging almost three times that amount. If and I do mean if they are doing this to you it might help you get the trade lines deleted and the debt cancelled. In the past not a lot of case law was written on this because they never wanted this issue to become public knowledge.
  17. I agree with the posters above that an attorney will be very helpful in your situation. Make sure whoever you speak with has FDCPA experience. Barnette is very good as long as he is not too far away from your location. While you decide what to do you need to file a sworn denial ASAP. Fill out the form below and have it notarized. Don't worry about answering #4 at this time. Take it to your local court house and file it with the court clerk. Get three copies. One you will need to mail to Sexton using CMRR through the USPS. Keep one for your records and an extra if you hire an attorney. The cost should not be that much, although you will probably need to pay in cash. If/when you speak with an attorney take all letters you have concerning this account. Any recorded phone messages will also be a big plus. Record any messages they leave for you and keep them stored in a safe place. I would not speak with anyone at Hosto and Buchanan. They are a group of attorneys that operate as a collection agency. You should also edit your posts above. Change the amount to 3K and delete any exact dates. It looks like they filed this very close to the SOL expiring, so you should pull all of your credit reports to find out. Make sure and ask the attorney you speak with if he/she thinks you might have any FDCPA violations. With an account this old they are likely to make mistakes along the way. Check the amount you are being sued for against the original charge off amount by HSBC. Have them calculate the amount from letter to letter to make sure it is a consistent amount. You will also want to determine who has "owned" this account over the last six years. Capital One purchased HSBC's credit card portfolio a few years ago so they may also be in the "chain of ownership". Both Cap One and HSBC have been accused of TCPA violations from a few years ago.
  18. Awesome JOB! A win is win! SOL is SOL for them!
  19. One thing to keep in mind when playing in "small claims" type courts is that the law may not matter. When you are going pro se anything can happen depending on what the judge wants to do. Different strategies will or will not work depending on where you are. This is not just state specific or county specific, but it really depends on exactly where your trial takes place. I have been successful mainly because the other side knows I will be a pain until the end. They may not be afraid of me, but they do realize I will waste their precious time when they could be going after easier prey. Once again this depends on where you are playing and also the arrangement that the attorneys have with the JDBs. One thing I have observed over the last few years is that most that can afford an attorney rarely ever have to go beyond the initial hearing. Once again this also comes down to taking up too much of the other sides time. They understand if they have to deal with another attorney that it may take away from their easy money. If you can't afford an attorney then you need to see if you can find any FDCPA violations involving your case. This may be changing but about every case I have reviewed has at least one clear FDCPA violation, if not more. Then you "hire" (give the attorney most of the money that can be obtained) an attorney to sue the other side in Federal Court. This is probably the most effective way assuming the other side has committed the violations, and you can find an experienced attorney. Nothing is a 100% guarantee. Just realize if you do nothing that you are gong to lose. You might still lose if you fight, but it is usually worth trying if you are willing to put in the time.