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Currently in Discovery phase of a debt collection lawsuit filed by Bank of America through Nelson & Kennard, in Sacramento. Am Pro Per. Nelson and Kennard have engaged in a game of deception - through misrepresentation from the get go. As a Pro Per, despite N & K's bad faith unlawful actions, it seems I have little chance of winning against them. Don't have the resources to hire an attorney or the time to battle it out despite having a good case for violation of FDCPA.. Losing means I pay legal fees for N & K (California). Highly doubtful a Pro Per without resources can win against a legal debt collection mill. Their "prayer" states I was "informed prior to commencement of this action that if an action were commenced, the Plaintiff may recover its court costs, where allowed by law, in addition to the principal otherwise owed". Immediately after the lawsuit was filed, we came to a settlement agreement. At that time, N & K agreed to stop the lawsuit. A few days later, I was served anyway. Then, although I was served, N & K advised me on several different occasions that I did not have to file an Answer, because a Stipulation Agreement would be filed with the Court in just a few weeks. The Stipulation Agreement arrived several months, not several weeks later. It included many terms never discussed. It looks as though N & K never intended to honor the agreement. They dangled the Stipulation to hopefully talk me out of filing an Answer. When that failed, they had no incentive to stop the lawsuit, since I am paying for their time. I stopped making monthly payments after I received the Stipulation Agreement. It was obviously developed in bad faith, as a ruse. I did file an Answer within the deadline. I've spent a number of hours in the law library attempting to determine what they can collect in legal fees, to no avail. They seem to have every incentive to pad their fees. So far, I have not been able to find any way to stop the lawsuit so I can stop the quickly accruing legal fees. Am worried about a judgment that could be double or triple what I owe to Bank of America when legal fees are taken into account. So, two questions. How much can they collect? And, how can I, a Defendant stop a Collections lawsuit that is currently in Discovery. When they win, I am also curious about the effects of a Default Judgment on my credit. I understand already that they can levy my bank accounts, assets and home. Thanks in advance for any assistance. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++----------
Note - This bill was introduced in the US Senate. Not sure if there is a companion bill in the House of Representatives as yet. It is a commendable effort, but at the rate both are approaching the infinity of dysfunction, no action to pass the bill is contemplated before the END of the century. If we are reading the bill correctly, it provides injunctive relief to plaintiffs as well as ATTORNEYS FEES!!! If someone could give me a quick sanity check [text of the bill is below], that would be much appreciated. Amendment to Fair Credit Reporting Act to Impact Debt Collection Bill focuses on preventing errors in consumers' credit reports and calls for the CFPB to develop accuracy procedures for credit reporting agencies to follow. New legislation from Sens. Sherrod Brown (D-Ohio), and Brian Schatz, (D-Hawaii), seeks to amend the Fair Credit Reporting Act (FCRA) to protect consumers from inaccurate credit reports and credit scores. The “Stop Errors in Credit Use and Reporting Act” would make it easier for consumers to correct, dispute, and access their credit reports and builds on a proposal from Sen. Bernie Sanders (I-Vt.), to provide consumers with free credit scores, according to a statement from Brown and Schatz. Under the FCRA, credit reporting agencies are required to, “follow reasonable procedures to assure maximum possible accuracy” of information contained in credit reports, but reports still contain far too many preventable errors, according to a summary of the legislation. “In today’s economy, it is critical that consumers have access to a safe and reliable way of checking their credit reports and scores,” Brown said. “This legislation ensures consumers have the resources they need to correct credit report errors that could potentially impact future employment opportunities, credit applications, and other transactions that require a good credit score. Consumers would also have access to a free annual credit score and report.” Of relevance to debt collection agencies, the bill amends responsibilities of consumer data furnishers to provide “free disclosure after notice of adverse action or offer of credit on materially less favorable terms.” (1) In general.--Not later than 14 days after the date on which a consumer reporting agency receives a notification under subsection (a)(2) or (h)(6) of section 615, or from a debt collection agency affiliated with the consumer reporting agency, the consumer reporting agency shall make, without charge to the consumer, all disclosures required in accordance with the rules prescribed by the Bureau under section 609(h). Other specific components the legislation would: Require the Consumer Financial Protection Bureau (CFPB) to develop procedures for credit reporting agencies to follow as a means to improve accuracy.Ensure that agencies send consumers’ disputes and supporting documents to the creditor when there is an error on a report, so that they can thoroughly review the consumer’s claim.Make it easier for consumers to spot errors in their credit reports by requiring that consumers receive a free copy of their credit report if anyone makes an unfavorable decision based on the report.Give consumers the ability to request a free credit score along with their annual free credit report to see what credit they might be eligible for.Give courts the ability to stop a credit reporting agency from reporting inaccurate information and provide the Federal Trade Commission with new authority to stop sloppy practices. The legislation is cosponsored by Sanders, Sen. Elizabeth Warren, (D-Mass.), and Sen. Richard Blumenthal (D-Conn.). It is under review by the Committee on Banking, Housing and Urban Affairs Senate: S.2224 - SECURE Act INJUNCTIVE RELIEF AND ATTORNEYS FEES!!! Injunctive Relief.--In addition to any other remedy set forth in this section, a court may award injunctive relief to require compliance with the requirements imposed under this title with respect to any consumer. In the event of any successful action for injunctive relief under this subsection, the court may award to the prevailing party costs and reasonable attorney fees (as determined by the court) incurred during the action by such party.
3 years ago I went through AAA arbitration with an OC. I didn't show up for the hearing and lost by default. The arbitrator ruled "costs as incurred" in accordance with the AAA rules in place at that time. The OC threw a fit and sent a scathing request to reconsider. It was denied, again because the AAA rules said attorneys fees could not be awarded, so the OC was supposed to be stuck paying their own legal costs. They have never tried to garnish wages or otherwise try to pursue their award (I'd have to file BK if they did), but the other day I was looking at the case on the court website and noticed that when they went back to the court to have the award confirmed, they got the judge to award their fees. I don't remember this happening, but it was 3 years ago and my memory is not great these days. I'm sure if I dug through the mound of documents I have from the case I'd find the final judgment from the court awarding their fees. My question is what would I file with the court to have their fees reversed? And, considering the fact they haven't done anything to pursue this since they got the judgment, should I let sleeping dogs lie?