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Listen, I am not a lawyer and I am not an expert, by any means, but I've been reading this forum for over a year, and now that I have also had some experience in these matters, I feel compelled to make a few observations about (what seems to me to be) the general strategy that JDBs (junk debt buyers) use, at least in California. 1st – The JDBs depend upon the fact that most defendants are not going to answer the complaint filed against them, which allows the JDB to receive a default judgement, winning the case, and allowing the JDB to then proceed to garnishing the defendant's wages. 2nd – If the defendant does file an answer, the JDB's attorney will attempt to trick the defendant into admitting guilt or into making an error when responding to discovery requests, which the attorney will use to win their case. 3rd – JDB's attorney sends the defendant a CCP 98 (affidavit in lieu of live testimony) that will allow JDB to enter as evidence any documents attached, unless the defendant subpoenas the witness listed in the CCP 98 and files an objection to the CCP 98. 4th – The JDB's attorney, almost always, knowingly lies on the CCP 98 when they say that the witness will be available for service for the 20-days prior to the court date at an address within 150 miles of the court. It has been my experience, and it seems to me that in most cases filed in California, that a defendant has an excellent chance of getting their case dismissed if they simply follow the guidelines provided by ASTMedic in his topic: How I beat Midland in California. In addition, since ASTMedic's case, there have been two excellent cases that provide even more case law to use against the JDBs' strategy: Target v. Rocha and CACH v. Rodgers. Besides ASTMedic's guidelines, I also highly recommend the following two links that this forum lead me to, and which were particularly helpful to me. The first is a little old now, and was prior to Target v. Rocha and Cach v. Rogers, but contains actual filed court docs: http://www.plainsite...sandra-pacheco/ The second is the opinion from CACH v. Rodgers: http://www.courts.ca...ve/JAD14-11.PDF
Greetings, I won't bore you with all of the details of 7 of the 8 collection accounts I found in my credit reports when I begain this adventure on May 12, 2014 or so, but I'll include a link to a post where I'm documenting my victories one at a time here..... http://www.creditinfocenter.com/community/topic/323902-successfully-paid-3-original-creditors-in-full-but-ca-accounts-still-showing/#entry1298069 I read more than a few posts regarding the ethical duty to pay debts that are legitimate as opposed to trying to simply trying to not pay monies that we owe,.and felt compelled to pay the debts that are mine, with the exception of this last remaining collection account. Of the 8 collection accounts I started with, I have only negotiated or paid 2 CA's. I paid monies to the original creditors, as they are who I was indebted to, ethically. My last account is with Asset Acceptance. The original creditor was Beneficial. I obtained a $10,000 credit line with them back in 2006 or so. In 2007/2008, I went through business hell, began the process of trying to save my home, which failed. At that time, Beneficial was the least of my financial worries. I have no documents from Asset Acceptance. No phone calls. Disputed with the CA's. Verified. I have sent a DV letter to Asset, CMRR, but am anticipating the typical response/letter. Asset reports the account as "opened" in Aug 2010, meaning that's when THEY started reporting this account to the CRA's. The actual Beneficial credit line accout is not on any of my CRs. (thankfully) They are reporting a balance of $13,600 and it appears to grow by approximately $150 each month. I would attempt to settle this for less than the amount, and will if possible, but every posting I read regarding Asset Acceptance includes lawsuits, and motions, etc, etc. I am obviously in the waiting stages of the DV response from Asset Acceptance, but I want to be prepared for my next steps. Ideally, if I can take care of this for $2500 or so, I would be thrilled. Can anyone let me know if they have had success settling a debt with Asset Acceptance for less than the amount? Keep in mind I have not been receiving letters, phone calls or anything else from them. I'm certain I have awoken a sleeping giant, but I need to resolve this last, remaining and somewhat large collection account for employment purposes with my new job/employer. Sorry for length of post. I know that's a no-no.