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Found 8 results

  1. I have picked these up over the years and would like to post them in one place. Hopefully they will prove as useful for someone else as they have been for me. If you have more stuff like this, please post it to this topic! Some are written by consumer attorneys (Edelman, Combs and the like) and others are written by the attorneys from the dark side as ways to weasel out of FDCPA liability (it's always a good thing to know what the other side is thinking). Pro-Consumer: Defending credit card cases, 2009.pdf Ethical issues of JDB suits.pdf FDCPA CASE LAW, NCLC.pdf FDCPA, Edelman Breakdown-2011.pdf From the dark side: FDCPA Defense Guide #1.txt FDCPA Defense Guide #2.txt
  2. So I just got back from court with ceeeyeare and they had nothing (IMO)— no original document, no witness...just his tablet with some images of letters with my address on them that he said were proof that I was making payments on that account (I asked him if he had the actual letters and he said he didn’t need them, that “that’s not how it works”. I told him, unless he has original docs, that we had nothing more to discuss. This all happened before the actual trial, btw. Anywho, by the time the trial actually got underway, he started by asking the judge for an extension due to the fact that his witness could not make it...the judge granted that request EVEN AFTER asking if there was any explaination as to why the witness was a no-show with the lawyer unable to offer ANY reason whatsoever. Am I wrong in assuming this is all BS on the lawyer’s behalf? That he has NO proof that I owe this debt? I digress... at that point I asked the judge for a dismissal on the grounds of insuffient evidence on the plaintiffs part but the judge shot me down and I agreed to a new date in late July. I think I should have probably asked if it was possible (or demanded) to just continue the trial right then and there but I didn’t think to do so, at the time unfortunately. Does anybody have any thoughts on how this went down or what I should do or expect the next time out? I appreciate any input...thanks all!?
  3. **I called the attorney to ask if there was a court date set. She said she is a legal agent who works on behalf of the Lawyer's office, this is an attempt to collect a debt, etc. She offered to settle the debt and take court fees off, and offered a payment plan. I did not acknowledge that the debt was mine or take her offers. I said I would be in touch, but did not affirm anything or that I had ever had an account with Discover. I plan to file a Chapter 7 soon, but I'm trying to research as much as possible to be sure I'm prepared. I have very little property and very little income (my income has changed drastically since last year; hence, my unpaid bills). I'm thinking the best option is to file a motion to dismiss because the plaintiff provided no evidence in the complaint? I have no clue where to start, so if anyone has any thoughts, or a template or link to something similar to my situation, it would be very helpful. Thanks so much. 1. Who is the named plaintiff in the suit? Discover Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lloyd & McDaniel, PLC 3. How much are you being sued for? $1,645.54 4. Who is the original creditor? (if not the Plaintiff) Discover Bank 5. How do you know you are being sued? (You were served, right?) Served by Sheriff's Dept 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None (I may have called before becoming delinquent, to request payment assistance or arrangement. I do not recall which companies I contacted, but I believe I contacted Discover and was told there was no way to arrange for any relief from my monthly payments, in spite of my financial hardship). No correspondence once account became delinquent, except to call and request that they not contact me at work. 9. What state and county do you live in? Kentucky, Jefferson County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2014 11. What is the SOL on the debt? To find out: 5 Years, 3 in Plaintiff's state 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit filed in district court, case number provided on summons 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. no 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 20 days (currently at day 4 or 5) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. no evidence. No account number. Name and address and last four digits of my ssn, but no other evidence that I have any account. One piece of paper that states complaint: Plaintiff, by counsel, for its cause of action against Defendant states as follows: 1. The Defendant is indebted to Plaintiff in the amount of $1,645.54 2. Venue is proper with this court based on the Defendant residing in Jefferson County. Wherefore, Plaintiff respectfully requests the following relief: 1. Judgment against the Defendant in the sum of $1,645.54; 2. For Plaintiff's costs herein expended; 3. For any and all other relief to which the plaintiff may be entitled pursuant to contract, statute, or common law. That's all it contains. Just the Civil Summons cover page notifying me of the legal action, and the above copied Complaint.
  4. Hi, I filed my subpoena and its in the hands of the process server. Do I have to also answer the Plaintiffs Request for witness and evidence or is the subpoena enough. Or should I answer the plaintiffs request and attach the subppoena. The 20 day window for me to answer the plaintiffs request is on Feb 13, 2015. Well just heard from my process server and the affiant was PERSONALLY SERVED at the address listed on the CCP98. NOW WHAT?????
  5. We go to trial in a week from today. LVNV Funding did not respond to discovery, so we had to file a motion to compel admissions and req. production of docs. LVNV funding finally responded last week, but simply gave us the same paperwork they originally provided when we asked for a Bill of Particulars back in December - nothing new, except the answers formulated admit, deny etc. The exhibits are the same. They have provided no signed agreement which they reference in their complaint, no contract, no statements, and no itemization of account to show how they came up with the amount owed - we don't believe this is our debt. We are concerned that they might try to enter evidence at our trial that they have not provided us, and want to be prepared to object to this with citations of case law which support objecting to the plaintiff entering this info after the discovery period is over. From the research we have done, the cases seem to be from CA Reporter 3rd series: 84Calap3rd771 195Calap3rd213 200Calap3rd372 and another from Cal Reporter - 235CR430 Does anyone have access to these cases? I can't seem to find them at the law library! I am hoping if someone does, it will not only help us, but also help others to have these cases as a resource for trial. Thank you for any help and advice as we get ready for trial.
  6. Gathering evidence for pending FDCPA and FCRA actions. Since my credit is damaged, where are some of the best places to apply for credit, in anticipation of being denied - or receiving higher interest rates
  7. A JDB recently set forth a self-serving version of an agreement (it's not the correct one, but has terms the JDB wants). At the bottom of the agreement copy a JDB-underling hand wrote the phrase: "Copy Redacted by Employee of Fritz Law Firm". It does not appear as though any information was actually redacted from the agreement text nor personal information. Is the above handwritten statement a disclosure required by the courts --- but should set off red flags for the Defendant? For instance, could I object to the copy based on rules of evidence, and the fact that the JDB has no personal knowledge of the account, and that the JDB-supplied/redacted copy should be stricken by the court?
  8. I'm preparing for a possible trial with a JDB. This morning I was reading up on when to use " I Object your Honor". I found this great quiz game (Objection Your Honor!) to help brush up on this technique. I hope you'll enjoy it. It even gives you a Certificate of Completion at the end. Really neat! http://www.texaslre.org/objection_your_honor/objection_your_honor.html
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