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Everything posted by TNConsumerLawyer

  1. Thank you all for the referrals! PRA is the absolute worst. Very difficult to deal with. Midland used to be fairly easy, but now I must sue them before they'll even speak to me. Absurdity insofar as the results are the same before they made me sue them each and every time now. Hope all is well and God bless!
  2. They are a debt purchaser. Send me a PM or just go to our website and email us. I usually respond back via email even after hours.
  3. To add, it is best to sue them first. And let's be certain, in Tennessee they sue everyone for anything so it's just a matter of time.
  4. Ha! I fooled you all, I answered the PM the very same day I got it, lol! Seriously, PRA is out of control and I just rarely even bother with them in a General Sessions Court. Rather, I sue them in Circuit Court (because it's cheaper than filing in USDC) for violating the Consent Order they entered into with the CFPB. If a prespective client has disputed the account trade line directly through the credit reporting agencies, then I can assert FCRA claims as well as additional FDCPA counts. I tend to stay away from TCPA claims because they then through the entire case in the abyss of MDL in California.
  5. THIS IS NOT A SOLICITATION - If you have disputed tradelines on your credit reports and they have been verified even though inaccurate then please let us know. In addition, if you're being called by original creditors, debt collectors and/or debt purchasers - let us know. If you been sued in Tennessee, Texas, or West Virginia and only received a Summons and Affidavit - let us know. We're compiling a list to send to the CFPB and state agencies.
  6. THIS IS NOT A SOLICITATION - If you have disputed tradelines on your credit reports and they have been verified even though inaccurate then please let us know. We're compiling a list to send to the CFPB.
  7. THIS IS NOT A SOLICITATION - If you have disputed tradelines on your credit reports and they have been verified even though inaccurate then please let us know. We've compiling a list to send to the CFPB.
  8. Hawaiitony: For a lot of the reasons you stated, this should be a fairly easy dismissal with prejudice with counsel that knows opposing "regional" counsel be it either Balch - Bingham, LLP, or Burr Foreman. I will presume Finkelstein & Kern or Hosto & Buchan are representing them in General Sessions. I cannot solicit on here and I won't, however, you would be well advised to retain counsel whether it is us or someone else.
  9. They may settle for something, but you won't get an agreement to delete their tradeline or an agreement not to sell the remainder without counsel. More often than not, if you offer settlement they just push for judgment inasmuch as they know that you have some assets. Much better in my opinion just to hire counsel that is familiar with them and be done with it forever.
  10. Cavalry will not attempt to prove up the debt in TN if you have a competent consumer credit attorney that has a relationship with them both directly and through the few in-state firms that handle them. That simple. Moreover, the will agree to negate the debt, remove their tradeline, and never resell the debt. This is standard operating procedure for them given the above facts are in place.
  11. Seems that it will apply to credit cards.
  12. Paul won't re-file. They may give it to Nathan Horton, but I doubt it. Now - it's time to sue them for FDCPA and/or FCRA violations in USDC. FRE 803 does not permit affidavits to serve as business records such as TRE 803 does so even if PRA would counter, they'd fail to prove it up.
  13. Final bill is hearsay without some from HSBC to authenticate it. No one from PRA has personal knowledge of how HSBC keeps and maintains business records. Moreover, there - apparently - is no bill of sale/right of assignment so they have no standing. Move for a directed verdict.
  14. Who's representing CACH on this - I take it this is close to Memphis?
  15. What can an attorney do that you can't - get it dismissed because they know opposing counsel and opposing counsel knows it isn't worth the time to sit in General Sessions all day just to lose. You may being able to retain an attorney for both of these matters for what you would pay these debt buyers that do not have an admissible chain of title. What you're missing here is that the burden of proof is on Midland to prove that you owe them and they can't do it under the Rules of Evidence. If you settle this, the date of last activity will be updated to the date you paid on your credit reports, your credit scores tumble, and there is nothing preventing them from selling the balance that wasn't settled (this does happen).
  16. You don't legally owe Midland Funding, LLC anything. You're being sued by Morgan & Pottinger out of Louisville, KY on a debt that Midland will not provide a chain of title for because they can't. In fact, they don't even have standing to legally sue you under the TCSA in Tennessee. I cannot solicit on these pages and I'm not. I will say that you'd be well advised to pay an attorney half of what you think you owe Midland.
  17. They will never produce a witness and a subpoena from TN is worthless in VA or CA. Their tactic in contested cases is the hope you will fail to show. If I recall correctly, this is in Knox Sessions which allows cases to be put on "HOLD". In other words, this will go on forever unless you know how to attack them. I cannot solicit here and I'm not, but there are some good consumer credit attorneys in TN. You may consider talking to a few.
  18. People need to opt out in Tennessee and pursue Midland via individual suits.
  19. Sorry - been busy. What ever happened to the OP's case? Neither Tim nor Paul have a sufficient chain of title, but you have to argue it correctly.
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