cybercrusader Posted July 23, 2003 Report Share Posted July 23, 2003 Seems like it's been a good couple of weeks around here!!!!DEBT COLLECTORS: ZERO ---FORUM MEMBERS: 4 AND COUNTING! It's official. An ongoing legal battle I’ve had with a CA has resulted in a withdrawal/dismissal of all claims! In addition, they've paid ME $1,500 as settlement (cha-ching!).Thanks to ALL for your great contributions (but especially Swede, admin, bingo, calawyer, Cookiemnster, Buzz-saw, LadynRed, and Ironman). You may or may not have directly responded to my posts, but I've been busy reading what YOU'VE been posting! I am truly grateful to have found this site. It IS possible to defeat a CA in court……and damn it feels good!A LITTLE BACKGROUNDThe original suit was filed against me in small claims...where I LOST. The dumb a$$ magistrate ruled against me even though the CA had no valid proof. I even presented the court with a small phone book sized packet of court cases, FDCPA rules and FTC opinion letters!! His one sentence ruling stated: “Based on the testimony and evidence presented here today, it’s clear that judgment should be entered for the Plaintiff. Of course, knowing what REAL validation is, I immediately appealed. On appeal, it was obvious that they had nothing but smoke and mirrors as proof. Their only evidence was a few internally generated documents and an affidavit of lost note, an affidavit signed by a prior CA and an illegible, unsigned photocopy of a CC agreement dated NINE YEARS AFTER THE ALLEDGED ACCOUNT WAS SUPPOSEDLY OPENED!!! (Talk about a reach!). They had NOTHING from the OC. They could not prove one charge, one payment or even that the SOL had NOT expired. They were so desperate that they sent ME a request for MY checking account information, copies of MY CC statements and any and all payments that I allegedly ever made to the OC (hell would’ve froze over before I sent them any of that stuff....even if I had it!!!!) I was just about to make a motion for summary judgment when the dismissal offer came in. I said, sure.....for $5,000 bucks! We eventually settled on the $1.5K. (Incidentally, would have loved to continue the suit and pound them silly, but counsel isn't cheap and there are NO guarantees.)Their case was a bunch of hot air and intimidation tactics (such as the filing of an alternate count of unjust enrichment when I didn’t bite at THEIR original settlement offer). I knew they were bluffing the moment I served them with the appeal papers because they immediately tried to settle with me for 10% of the suit amount (which was real close to the $1,500 bucks they paid me…hahaha.). I also filed a motion to have the case dismissed, but the court refused (why, I have no idea). The whole tide turned in this case when I filed counterclaims for FDCPA violations against the CA and the CA's attorney personally. Once the counterclaims were filed and served, it was a matter of days until it was all over. (This whole thing went on for nearly 11 months).Anyway, I am certain that this “bottom feeder” CA never intended the suit to go past small claims. While they may have bamboozled the small claims judge into accepting their pitiful evidence, they failed in a court of record. Now, we'll see if the CRA's still want to claim the debt is verified after I send them some court documents....... Link to comment Share on other sites More sharing options...
grantjeffries Posted July 23, 2003 Report Share Posted July 23, 2003 Congratulations Cybercrusader! You are an inspiration to us all and worthy of your name. I have seen you help so many people and I think you are most deserving. Keep kickin butt and taking $$. 8) Link to comment Share on other sites More sharing options...
DocDon Posted July 24, 2003 Report Share Posted July 24, 2003 Chalk one up for the good guys! The fact that the decision was given in favor of the CA shows us that those on the bench aren't always the most knowledgeable, especially when it comes to the FDCPA and FCRA. Sad but true. Link to comment Share on other sites More sharing options...
buzz-saw Posted July 24, 2003 Report Share Posted July 24, 2003 Congratulations, Cybercrusader! Absolutely beautiful!If you were in my city and state, I'd definitely have to treat you to a beer or three (or other beverage of your choice) and a nice, steak & lobster dinner. Your handling of the case sent a strong message, much moreso than you realize (word of mouth travels, you know), to the people who need to hear it most, and gives hope and inspiration to those of us currently going through hard times.I think the step that put you over the top, so to speak, was your decision to not let the matter die in small claims court. Many people make the mistake of thinking there is no life beyond small claims -- but they're wrong. Courts of record are just down the hall.Again, congratulations! Link to comment Share on other sites More sharing options...
kb9tbq Posted July 24, 2003 Report Share Posted July 24, 2003 Wonderful news Cybercrusader!Definitely win the day and have extra money for other things to get by.That is nice to see you efforts paid off, that is terrible that they could even accept a signed affidavit (not even linking to the OC). That will teach them!!! Link to comment Share on other sites More sharing options...
cybercrusader Posted July 24, 2003 Author Report Share Posted July 24, 2003 Well, thank you for ALL your kind words!buzz-saw, I'm actually going to be in Tennesee in Sept on a business trip so I may come a knock'in.... Lobster and beer sounds right up my alley..... <-----(This icon by the way looks like Guinness Stout!)Thanks again for the advice and moral support! Link to comment Share on other sites More sharing options...
Xanathos Posted July 24, 2003 Report Share Posted July 24, 2003 Woot! Great going on that one! Always nice to stick it to a CA, methinks. The bastiges.. Link to comment Share on other sites More sharing options...
admin Posted July 24, 2003 Report Share Posted July 24, 2003 Very cool! Link to comment Share on other sites More sharing options...
Swede Posted July 24, 2003 Report Share Posted July 24, 2003 Good news Cyber- if anyone can do it, you're it Congratulations... Link to comment Share on other sites More sharing options...
ADSOFT Posted July 27, 2003 Report Share Posted July 27, 2003 Hey CCThat's awesome!!!!I'm curious as to what claims you made against the attorney, you know FDCPA. .... I bet that's what got their attention, !!!!What did you say, something like," Hey Mr. Debt Collector/Attorney just for your information now that you won this lawsuit not only do I have you on some obvious FDCPA VIOLATIONS, but I also have some case law here that states attorneys funtioning as debt collectors can be personally sued for FDCPA violations, shame on you, I'm sure the FTC will be interested in all this hard evidence I have right here!!!. Hummm, I wonder what the BAR will say about this. "Anyhow, so what FDCPA violations did you have them on??? Link to comment Share on other sites More sharing options...
cybercrusader Posted July 27, 2003 Author Report Share Posted July 27, 2003 Good news Cyber- if anyone can do it, you're it Congratulations...That's because I got my "whipping" tips from YOU! I'm curious as to what claims you made against the attorney, you know FDCPA. .... I bet that's what got their attention, !!!!I made the CA's attorney a co-defendant liable for any claims which I may have been held liable for. I charged them with violating FDCPA Sec. 807(2)(A) - False representation of the character, amount or legal status of any debt -- specifically for bringing suit on a time barred debt and for trying to collect interest and penalties and attorney's fees which are ILLEGAL under state law (since they had NO contract). Also included a request for actual damages and monetary compensation. Finally, we threw in a nice "reasonable" amount for legal fees which I'm sure made them wet their pants.I also want to point out something regarding the SOL. Even if the debt is still within the SOL, the CA still has to prove that it is. If they can't validate or show even when the last payment was made then the debt may as well be past the SOL.... Link to comment Share on other sites More sharing options...
ADSOFT Posted July 28, 2003 Report Share Posted July 28, 2003 I made the CA's attorney a co-defendant liable for any claims which I may have been held liable for. I charged them with violating FDCPA Sec. 807(2)(A) - False representation of the character, amount or legal status of any debt -- specifically for bringing suit on a time barred debt and for trying to collect interest and penalties and attorney's fees which are ILLEGAL under state law (since they had NO contract). Also included a request for actual damages and monetary compensation. Finally, we threw in a nice "reasonable" amount for legal fees which I'm sure made them wet their pants.I also want to point out something regarding the SOL. Even if the debt is still within the SOL, the CA still has to prove that it is. If they can't validate or show even when the last payment was made then the debt may as well be past the SOL....Wow, these guys got a judgement on a time-barred debt. I bet you didn't have a hard time finding an attorney that would jump on that!!!The $1500 bucks were apart from attorneys fees right??? How much did the attorney get on this. I think that would be helpful for some members who have some hard evidence. At least the attorney knows he is going to get paid for his time!!!So, basically, you guys filed the lawsuit and said hey, you want to settle or what?? Actually, some of the CA's when they take you to court, I hear they won't even communicate with you!!I'm really interested in the responses to your questions, from now on I'll just get the paper trail with the violations and send them over to an attorney( that's how the pro's do it right). I have somebody who tried to slam my phone account and pulled my credit. I ddn't even give them my social security number. I would like to get all the evidence and send it to a lawyer. Hey, do you think your lawyer takes out of state cases??? Link to comment Share on other sites More sharing options...
ADSOFT Posted July 28, 2003 Report Share Posted July 28, 2003 Hey CC After hitting the submit button I thought maybe we should start a thread on after builiding the paper trail what it takes to get a lawyer from WWW.NACA.COM to take the case. I'm sure if you got some hard evidence the lawyer can at least get $1000 bucks + filing fees + lawyer fees. It's better than doing it your self. I heard SmogTek and the CRA'S on 2 violations and he only got $100 bucks for each ($200 total) to court costs.If he would of faxed the paper work to a NACA lawyer, he might have gotten $1000-$2000 for just faxing over the paper work. .... ??? What do you think???? Link to comment Share on other sites More sharing options...
cybercrusader Posted July 29, 2003 Author Report Share Posted July 29, 2003 Wow, these guys got a judgement on a time-barred debt. I bet you didn't have a hard time finding an attorney that would jump on that!!!I don't know if it was past the SOL or not. I claimed it WAS in small claims but the sorry-excuse-for-a-judge accepted an affidavit generated soley by the CA with a "last payment" on it. I said the affidavit MEANS NOTHING, but it fell on deaf ears...Yes, they got a judgment in small claims but it essentially evaporated when I filed the appeal.So, basically, you guys filed the lawsuit and said hey, you want to settle or what?? Actually, some of the CA's when they take you to court, I hear they won't even communicate with you!!As soon as the counterclaims were filed, the CA's attorney called my attorney and BEGGED for me to drop the suits.And yes you're right. The CA and his "newly licensed" attorney showed no respect or courtesy to me at all when this matter was in small claims and I was representing myself. But as soon as I hired my attorney, it was like they were my long lost friends. Link to comment Share on other sites More sharing options...
ms6073 Posted July 29, 2003 Report Share Posted July 29, 2003 Hey CC After hitting the submit button I thought maybe we should start a thread on after builiding the paper trail what it takes to get a lawyer from WWW.NACA.COM to take the case. Unless you are wnating to buy a house, I think the link you meant to include was for National Association of Consumer Advocates - http://www.naca.net - and not the Neighborhood Assistance Corporation of America (NACA)!Michael Link to comment Share on other sites More sharing options...
buzz-saw Posted July 29, 2003 Report Share Posted July 29, 2003 Well, thank you for ALL your kind words!buzz-saw, I'm actually going to be in Tennesee in Sept on a business trip so I may come a knock'in.... Lobster and beer sounds right up my alley..... <-----(This icon by the way looks like Guinness Stout!)Thanks again for the advice and moral support!Sounds like a winner. Just let me know when and where in TN you're going to be, and I'll be most happy to wine & dine you in celebration of your recent legal victory. Guinness Stout? An Irishman such as myself can certainly appreciate that -- in fact, I noticed the icon's resemblence before you even brought it up! Link to comment Share on other sites More sharing options...
calawyer Posted July 30, 2003 Report Share Posted July 30, 2003 Congrats, bud! In addition to your personal success, let's hope you have made at least one CA think twice before suing on time-barred debts (even if yours was only "close").As far as steps for getting a good NACA member to take your case, here is what I think will do the trick:1. Well-documented disputes (in writing);2. Continued inaccurate reporting;3. Credit denial or other tangible harm. Link to comment Share on other sites More sharing options...
ADSOFT Posted July 30, 2003 Report Share Posted July 30, 2003 Congrats, bud! In addition to your personal success, let's hope you have made at least one CA think twice before suing on time-barred debts (even if yours was only "close").As far as steps for getting a good NACA member to take your case, here is what I think will do the trick:1. Well-documented disputes (in writing);2. Continued inaccurate reporting;3. Credit denial or other tangible harm.CalawyerI'm glad you outlined what a lawyer would want to work with. If a consumer had all of the above mentioned documentation as well as credit rejection letters, what would be proper compensation for CONSUMER LAWYER on FDCPA & FCRA violation. Btw, I was thinking in Calif, since OC's are also FDCPA responsible, could you sue both the CA and the OC on one bill??? Link to comment Share on other sites More sharing options...
ADSOFT Posted July 30, 2003 Report Share Posted July 30, 2003 Hey CC After hitting the submit button I thought maybe we should start a thread on after builiding the paper trail what it takes to get a lawyer from WWW.NACA.COM to take the case. Unless you are wnating to buy a house, I think the link you meant to include was for National Association of Consumer Advocates - http://www.naca.net - and not the Neighborhood Assistance Corporation of America (NACA)!MichaelThanks for pointed that out!!!.... I have a bad neck and I'm going to therapy, after 3 months thing are getting better, but sometimes I have a hard time staying focused. Posture is so important when being on the ol computer for hours.........I know, excuses , excuses (LOL) Link to comment Share on other sites More sharing options...
cookiemnster Posted August 5, 2003 Report Share Posted August 5, 2003 I just saw this, but I wanted to post and sayCONGRATULATIONS!!!!!Way to kick some CA butt!!~Cookie Link to comment Share on other sites More sharing options...
admin Posted August 10, 2003 Report Share Posted August 10, 2003 bump Link to comment Share on other sites More sharing options...
Siren Posted August 14, 2003 Report Share Posted August 14, 2003 Congrats with your case!Thanks for the link. Link to comment Share on other sites More sharing options...
nwschmidt Posted August 17, 2004 Report Share Posted August 17, 2004 Good news Cyber- if anyone can do it, you're it Congratulations...That's because I got my "whipping" tips from YOU! I'm curious as to what claims you made against the attorney, you know FDCPA. .... I bet that's what got their attention, !!!!I made the CA's attorney a co-defendant liable for any claims which I may have been held liable for. I charged them with violating FDCPA Sec. 807(2)(A) - False representation of the character, amount or legal status of any debt -- specifically for bringing suit on a time barred debt and for trying to collect interest and penalties and attorney's fees which are ILLEGAL under state law (since they had NO contract). Also included a request for actual damages and monetary compensation. Finally, we threw in a nice "reasonable" amount for legal fees which I'm sure made them wet their pants.I also want to point out something regarding the SOL. Even if the debt is still within the SOL, the CA still has to prove that it is. If they can't validate or show even when the last payment was made then the debt may as well be past the SOL....[What state was this in? Usually a Judge will never allow you to include legal fees? Not unless you have an attorney. Hell , I know cases wwhere attorneys were not allowed to charge a fee. Link to comment Share on other sites More sharing options...
Methuss Posted August 17, 2004 Report Share Posted August 17, 2004 This just goes to show the continued arrogance and corporate extortion that goes on in the world and how hard we consumers must fight just to clear ourselves. The whole system needs an enima! No one should have to go through 11 months of court to disprove corporate extortion. Link to comment Share on other sites More sharing options...
mlswig Posted March 25, 2006 Report Share Posted March 25, 2006 I'm so glad you posted the correct link. I knew that had to be a mistake and I knew it would be information I would want. Link to comment Share on other sites More sharing options...
Recommended Posts